Tag Archives: Kentucky

Kentucky IME May Use Clinical Skill and Judgment in Construing AMA Guides

Where an independent medical evaluator concluded that the active range of motion (ROM) measurements she obtained from an injured worker were implausible, indicative of poor effort, and insufficient to verify that an impairment of a certain magnitude existed, the physician … Continue reading

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Kentucky High Court Says “Concurrent” Wages May Only Be Considered for AWW Computation if Concurrent Employment Existed on DOI

Where an injured employee had but one employer on the date of injury, the employee’s average weekly wage must be computed by considering only the wages from that employer; “concurrent” wages earned during the relevant “look-back” period of time normally … Continue reading

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Kentucky Truck Driver’s Tort Action Against Wal-Mart Barred by Statutory Employer Rules

A truck driver, who alleged that he sustained injuries while delivering merchandise to a Wal-Mart store in Kentucky cannot proceed in his civil action against the large retailer since, under the facts of the case, Wal-Mart was the driver’s statutory … Continue reading

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Kentucky Contractor Immune From Suit Filed by Employee of Subcontractor

Applying Kentucky’s “up-the-ladder immunity” doctrine, a state appellate court vacated a trial court’s refusal to grant summary judgment in favor of a defendant corporation that had been sued in tort by the employee of a sub-contractor, finding the defendant contractor … Continue reading

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Kentucky High Court Splits in Case Involving Personal Comfort Doctrine

In a split decision dealing with the application of the personal comfort doctrine described in Larson’s Workers’ Compensation Law, § 21.01, et seq., a majority of the Supreme Court of Kentucky reversed a decision of the state’s court of appeals … Continue reading

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Kentucky Court Affirms Limitation of Attorney’s Fee in Comp Claim Involving Multiple Beneficiaries

The Court of Appeals of Kentucky, in Roberts v. Sticklen, 2014 Ky. App. LEXIS 186 (Dec. 12, 2014) held that the plain language of Ky. Rev. Stat. Ann. § 342.320(2)(a) limited an attorney’s fee to $12,000, in spite of his … Continue reading

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Kentucky: Convenience Store Worker’s Access to Premises and Security Codes Provides Causal Link Between His Murder and the Employment

The Court of Appeals of Kentucky recently affirmed an award of death benefits to the administratrix of the estate of a deceased convenience store worker (“Pendleton”) who was found after business hours in the store’s bathroom [see JJ’s Smoke Shop, … Continue reading

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Kentucky: Teacher’s Tort Action Against Snake-Handling Assistant Principal Barred by Exclusivity

The Court of Appeals of Kentucky recently affirmed a state trial court’s summary judgment in favor of a high school assistant principal and a county board of education in a civil action filed by a high school teacher/administrator (and her … Continue reading

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Kentucky: Electric Cooperative Shielded From Tort Action Filed by Dependents of Deceased Employee of Subcontractor–The Fact That Ice Storm Overwhelmed Resources of Coop Did Not Mean Repair Work Was Not Part of Coop’s “Normal” Business

All but a handful of states have “statutory-employer” or “contractor-under” provisions within their workers’ compensation laws that make a general contractor liable for compensation to the employee of a subcontractor–usually when the subcontractor is uninsured, but sometimes without reference to … Continue reading

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Kentucky: “No Good Deed Goes Unpunished”–Injured Volunteer Firefighter Gets no PD Award Since, After Lay-off, He Had No Wages From Which Benefits Could Be Computed

The Kentucky Court of Appeals sent a not so subtle message to any volunteer firefighter within the state who has been laid off from his or her regular employment during the current “Great Recession”: “Stop Volunteering!” Adding what amounts to … Continue reading

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