Groce v. Vanmeter Contracting, Inc.

The Supreme Court affirmed the judgment of the Court of Appeals reversing the decision of the Workers’ Compensation Board (Board), which reversed the ALJ’s rejection of Plaintiff’s claim for enhanced benefits and reinstated the judgment of the ALJ.Plaintiff, an employee of VanMeter Contracting, Inc., was critically injured in a workplace accident. After an investigation, the Kentucky Occupational Safety and Health Administration (KOSHA) issued a citation against VanMeter, charging it with violating 29 CFR 1926.703(a)(1). Plaintiff filed a claim for workers’ compensation benefits and asserted a claim for a thirty percent benefit enhancement provided by Ky. Rev. Stat. 342.165(1) for the workplace injury. Plaintiff alleged the same regulatory violations asserted by KOSHA and a violation of the general workplace safety duty of Ky. Rev. Stat. 338.031(1)(a). The ALJ declined to grant the thirty percent enhancement, finding that Plaintiff had not presented sufficient evidence to prove the intentional violation of any safety statute or regulation. The Board reversed. The Court of Appeals reversed the Board. The Supreme Court affirmed, holding that the Board misconstrued or overlooked controlling law when, in contradiction of the ALJ’s findings, it accorded conclusive weight to the KOSHA settlement agreement. View "Groce v. Vanmeter Contracting, Inc." on Justia Law