Justia Kentucky Supreme Court Opinion Summaries

The Supreme Court affirmed the opinion of the court of appeals that affirmed an administrative law judge's (ALJ) award of permanent partial disability benefits to Plaintiff, holding that the court of appeals did not err.Plaintiff worked for Defendant for twenty-three years as a garbage truck driver and loader. After he was injured on two separate occasions, Plaintiff filed two claims for workers' compensation benefits. The ALJ awarded Plaintiff permanent partial disability benefits, applying the three-multiple from Ky. Rev. Stat. 342.730(1)(c)(1) to the benefits for both injuries. The Workers' Compensation Board affirmed. The court of appeals affirmed. The Supreme Court affirmed, holding that the ALJ's award was supported by substantial evidence. View "Apple Valley Sanitation, Inc. v. Stambaugh" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the decision of the circuit court to overturn a final order of the Secretary of the Cabinet for Health and Family Services dismissing an administrative action against Appalachian Hospice Care, Inc., holding that there was no error.At issue on appeal was whether the Secretary erred in concluding that a non-lawyer's request for an administrative hearing on behalf of a corporate entity constitutes the unauthorized practice of law requiring dismissal of the administrative action. The lower courts answered the question in the negative. The Supreme Court affirmed, holding that there was no unauthorized practice of law in this case. View "Cabinet for Health & Family Services v. Appalachian Hospice Care, Inc." on Justia Law

The Supreme Court affirmed the opinion of the court of appeals affirming the Workers' Compensation Board's decision reversing a decision by the Chief Administrative Law Judge (CALJ) denying Carlye Harper's motion to reopen her workers' compensation claim to seek vocational rehabilitation benefits, holding that there was no error.Harper suffered a work-related injury to her back and lower extremities. After a hearing, an ALJ awarded permanent partial disability income benefits. Approximately sixteen months later, Harper sought to file an application for vocational rehabilitation services pursuant to Ky. Rev. Stat. 342.710. The CALJ overruled the motion to reopen. The Board reversed, and the court of appeals affirmed. The Supreme Court affirmed, holding that the legislature intended section 342.710(3) to provide an independent ground for reopening, and claim preclusion did not bar adjudication of Harper's claim. View "Kindred Healthcare v. Harper" on Justia Law

The Supreme Court reversed the portion of the opinion of the court of appeals vacating the administrative law judge's (ALJ) award of temporarily total disability (TTD) benefits and affirmed the portion of the court of appeals' opinion vacating the award of permanent partial disability (PPD) benefits insofar as it applied to the enhancement, holding that the court of appeals erred in part.Plaintiff sustained a work-related injury while working for Defendant. An ALJ awarded Plaintiff TTD benefits, PPD benefits, and medical benefits. The ALJ applied the two-times multiplier from Ky. Rev. Stat. 342.730(1)(c)2 to Plaintiff's PPD benefits. The court of appeals vacated the ALJ's award of TTD benefits and vacated the award of PPD benefits insofar as it applied to the enhancement. The Supreme Court reversed in part, holding (1) the ALJ did not err in awarding Plaintiff TTD benefits; and (2) the ALJ erred in enhancing Plaintiff's PPD benefits by the two-times multiplier. View "French v. Rev-A-Shelf" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the decision of the administrative law judge (ALJ) granting Austin Ellison's workers' compensation claim and awarding him disability benefits, holding that substantial evidence supported the ALJ's conclusions.Ellison, who was employed by Dee Whitaker Concrete as a general laborer, was leaving a job site and traveling back to Whitaker Concrete's premises when he was injured in an automobile accident. Whitaker Concrete denied Ellison's workers' compensation claim on the ground that injuries sustained while going to or returning from the workplace are not compensable. The ALJ ruled that Ellison's injuries were compensable, finding that Ellison fell within the traveling employee and the service to the employer exceptions to the going and coming rule. The Board and court of appeals affirmed. The Supreme Court affirmed, holding that Ellison's status as a traveling employee qualified as an exception to the going and coming rule. View "Dee Whitaker Concrete v. Ellison" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the order of the Board vacating an order of the administrative law judge (ALJ) and remanding the claim back to him to enter an award terminating Michael O'Bryan's benefits at age seventy, holding that the court of appeals did not err.O'Bryan received a work-related injury at age sixty-five, leading to his disability. The ALJ found O'Bryan to be permanently totally disabled and awarded him benefits that would continue as long as he remained disabled. On appeal, the Board held that newly-amended version of Ky. Rev. Stat. 342.730(4) applied to O'Bryan's benefits and that they should terminate when he reached the age of seventy. The court of appeals affirmed, holding that the statute was constitutional. The Supreme Court affirmed, holding that O'Bryan's challenges to the amendment to section 342.730(4) were unavailing. View "O'Bryan v. Zip Express" on Justia Law

The Supreme Court affirmed the court of appeals' decision affirming the opinion, workers' compensation award, and order of the administrative law judge (ALJ) determining that Appellee was permanently and totally disabled, holding that there was no error.Appellee was injured during the course and scope of his employment. An ALJ determined that Appellee was permanently, totally disabled. The Workers' Compensation Board affirmed. The Supreme Court affirmed, holding (1) Appellee's testimony regarding his psychological medical conditions was competent evidence; (2) the ALJ did not rely solely upon psychological testimony to find Appellee was permanently, totally disabled; and (3) there was substantial evidence in the record to sustain the ALJ's opinion and award. View "Time Warner Cable, Inc. v. Smith" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the circuit court's determination that the Board of Trustees of the Kentucky Retirement Systems' (Board) investment authority with respect to the County Employees Retirement System (CERS) was governed by Ky. Rev. Stat. 61.650, holding that there was no error.The Cities of Fort Wright, Covington, Taylor Mill, and Independence (the Cities) brought this action alleging improper investments by the Board in its management of CERS. The trial court granted the Board's motion for declaratory judgment, determining that the Board had broad discretion in making investments, see Ky. Rev. Stat. 61.650 and 61.545(21), and therefore, its investments were lawful. The court of appeals affirmed. At issue on appeal was whether the Board's authorized investments were controlled broadly by section 61.650, as argued by the Board, or more restrictively by Ky. Rev. Stat. 78.790, as argued by the Cities. The Supreme Court affirmed, holding that the circuit court correctly determined that the Board's investment authority was governed by section 61.650 and not by section 78.790. View "City of Fort Wright v. Board of Trustees of Kentucky Retirement Systems" on Justia Law

The Supreme Court affirmed in part and remanded in part the judgment of the trial court upholding the decision of the Retirement Systems's Administrative Review Board affirming the decision of the Kentucky Retirement Systems applying the Ky. Rev. Stat. 61.598, the pension-spiking statute, to assess actuarial costs to the Jefferson County Sheriff's Office (JCSO), holding that the Retirement Systems erred in part.The Kentucky Retirement Systems assessed the costs because it found a JCSO employee took unpaid leave for two months, causing a temporary decrease in gross compensation in that year, but then returned to his earlier pay. The circuit court agreement with the Retirement Systems, finding that section 61.598 as applied was not arbitrary. The Supreme Court affirmed in part and reversed in part, holding (1) the Retirement Systems improperly applied section 61.598 to the pay spikes to the extent the changes in compensation were caused by an isolated transition in JCSO's new accounting method but properly assessed the increased actuarial costs to the extent it was caused by regular overtime work; and (2) different aspects of the circuit court's decision were erroneous. View "Kentucky Retirement Systems v. Jefferson County Sheriff's Office" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the decision of the Workers' Compensation Board reversing the decision of the administrative law judge (ALJ) granting permanent partial disability benefits (PPD) to Richard Russell but finding that certain medical expenses were submitted untimely and were therefore non-compensable, holding that there was no error.Russell sustained a work-related injury to his right arm and sought workers' compensation benefits. The ALJ found that Russell did not timely submit his medical bills, so they were not compensable, but otherwise granted PPD benefits. The Board reversed, concluding that the medical bills were not submitted untimely. The court of appeals affirmed. The Supreme Court affirmed, holding that Russell timely submitted his medical expenses. View "Wonderfoil, Inc. v. Russell" on Justia Law