Articles Posted in Government Law

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Angela Frye filed a workers' compensation claim against her employer alleging that in 2008 she suffered a work-related injury. The administrative law judge (ALJ) awarded Frye benefits related to the injury. In 2009, after the final hearing in the 2008 claim but before the ALJ took that claim under submission or rendered an opinion, Frye allegedly suffered a second work-related injury. In 2010, Frye filed a claim related to the 2009 accident. The ALJ dismissed the 2010 claim, concluding that Frye was required by Ky. Rev. Stat. 342.270(1) to file her claim for benefits related to the 2009 accident and join it to her pending 2008 claim, which she failed to do. The Workers' Compensation Board reversed, concluding that a claim is no longer pending for section 342,270(1) purposes after the date of the final hearing. The court of appeals affirmed. The Supreme Court affirmed, holding that in this case and under these facts, Frye's first injury claim was not pending between the date of the hearing and the date the ALJ rendered his opinion regarding that claim. Remanded.View "Saint Joseph Hosp. v. Frye" on Justia Law

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A writer for the Kentucky New Era, Inc., a newspaper serving the city of Hopkinsville and the neighboring area, requested records from the Hopkinsville City Clerk, including copies of arrest citations and police incident reports involving stalking, harassment, or terroristic threatening. The City Clerk withheld some records and redacted from others certain types of personal data. The City then initiated an action essentially seeking a declaration that its decisions to withhold and to redact records did not violate the Kentucky Open Records Act (ORA). The circuit court ultimately ruled that the City's redactions of social security and driver's license numbers, of home addresses, and of telephone numbers comported with the ORA. The court of appeals upheld the redactions and held that the City had the right to redact the names of all juveniles in the records. The Supreme Court affirmed, holding that the court of appeals correctly applied the ORA's privacy exemption in concluding that the redactions at issue in this case were in accordance with the ORA. View "Ky. New Era, Inc. v. City of Hopkinsville" on Justia Law