Justia Kentucky Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the court of appeals affirming the ruling of the Workers' Compensation Board affirming the denial of Francisco Rodarte's motion to reopen and reversing the ruling that Rodarte's shoulder claim was barred due to failure to join, holding that the court of appeals did not err.Rodarte sustained two work-related injuries while working for BlueLinx Corporation - a knee and ankle injury in 2016 and a shoulder injury in 2018. In Rodarte and BlueLinx ultimately entered into a settlement agreement for Rodarte's knee and ankle injuries. BlueLinx denied Rodarte's shoulder claim, however, concluding it was barred pursuant to Ky. Rev. Stat. 342.270 due to Rodarte's failure to join it to the 2016 claim. Rodarte moved to reopen the 2016 claim, which the chief administrative law judge denied. Thereafter, an administrative law judge dismissed the shoulder claim. The Board affirmed the denial of the motion to reopen and reversed the dismissal of the shoulder claim. The court of appeals affirmed the Board's ruling on the motion to reopen but reversed its determination that Rodarte's shoulder claim was not barred for failure to join. The Supreme Court affirmed, holding that the court of appeals did not err in its rulings. View "Rodarte v. Bluelinx Corp." on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the trial court granting the motion for judgment on the pleadings filed by UPS Supply Chain Solutions and United Parcel Services, Inc. and dismissing this wage-and-hour class action, holding that there was no error.At issue was whether Kentucky should adopt the federal law contained in 19 U.S.C. 254, which exempts from compensation certain activities, and engraft it into the state's wage and hour law. Specifically at issue was what impact the law will have an UPS workers who undergo security screenings at the beginning and end of their shifts. The Supreme Court affirmed the decisions of the court of appeals and circuit court in this case, holding that preliminary and postliminary security screenings required by UPS were not compensable under Ky. Rev. Stat. 337. View "Hughes v. UPS Supply Chain Solutions, Inc." on Justia Law

The Supreme Court affirmed the judgment of the court of appeals reversing the opinion of the Workers' Compensation Board affirming the administrative law judge's (ALJ) conclusion that medical providers did not have to submit their medical billing statements until after a determination of liability, holding that the statute is unambiguous.At issue was whether P&P Construction, Inc. and, by extension, the company's insurer, Kentucky Employers Mutual Insurance (KEMI), was responsible for payment of medical billings statements submitted outside of the forty-five-day period set forth in Ky. Rev. Stat. 342.020(4). The ALJ and Board determined that medical providers do not have to submit their billings until after a determination of liability. The court of appeals reversed, holding that medical providers are required to submit their billings within forty-five days of service, regardless of whether a determination of liability has been made, and therefore, employers and their insurance carriers are not responsible for payment of billings submitted after the forty-five day period. The Supreme Court, holding that under the unambiguous language of the statute, medical service providers must submit their billings within forty-five days of treatment, and such requirement applies both pre- and post-award. View "Farley v. P&P Construction, Inc." on Justia Law

The Supreme Court affirmed the determination of the administrative law judge (ALJ) that the Department of Workers' Claims had jurisdiction to hear the claim of Roger Hall, who suffered a work-related injury after being exposed to asbestos-containing material while working for the Letcher County Board of Education, that he was permanently and totally disabled and was entitled to medical benefits, holding that there was no error.As to jurisdiction, the Workers' Compensation Board affirmed the ALJ, concluding that nothing in Ky. Rev. Stat. 49.020 prevents an employee with proceeding on a claim against his or her employer pursuant to the Workers' Compensation Act. The court of appeals affirmed. The Supreme Court affirmed, holding that the Department of Workers' Claims had jurisdiction over Hall's case. View "Letcher County Bd. of Education v. Hall" on Justia Law

The Supreme Court affirmed the opinion of the Kentucky Court of Appeals affirming the decision of the Workers' Compensation Board affirming the opinion and order of an administrative law judge (ALJ) awarding permanent partial disability income and medical benefits to Claimant, holding that there was no error.Claimant alleged that his bilateral knee injuries had been caused by cumulative trauma while working exclusively for Employer as a firefighter and EMT paramedic. Following a final hearing, the ALJ determined that Claimant's bilateral knee condition was caused by work-related cumulative trauma and awarded him benefits. Employer appealed. The Supreme Court affirmed, holding (1) the ALJ did not err in finding that Claimant had sustained an "injury" as defined under Ky. Rev. Stat. 342.0011(1); (2) the ALJ's findings regarding causation were supported by substantial evidence; and (3) the ALJ's findings of fact were sufficiently specific. View "Lexington Fayette Urban County Government v. Gosper" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the decision of the Workers' Compensation Board affirming an administrative law judge's finding that Claimant's total knee replacement was compensable, holding that Claimant was not entitled to relief on his claims of error.Claimant injured his knee while at work and received workers' compensation benefits. Claimant continued to experience knee pain after surgery and ultimately underwent a total knee replacement. Employer filed a medical fee dispute, and an ALJ found that the total knee replacement was compensable. The Board and court of appeals affirmed. The Supreme Court affirmed, holding that the ALJ had sufficient evidence to conclude that Claimant's total knee replacement was reasonable and necessary and was within his discretion to make inferences. View "Perry County Bd. of Education v. Campbell" on Justia Law

In this workers' compensation case, the Supreme Court vacated the ALJ's determination that Defendant was correct to deny Plaintiff benefits on the ground that he was an independent contractor, not an employee, holding that this Court hereby adopts the economic realities test to safeguard the protection afforded by workers' compensation.Plaintiff was working as a taxi driver for Defendant when he was shot in the shoulder and became permanently paralyzed from the waist down. Plaintiff sought workers' compensation to pay for his extensive medical care, but Defendant denied the claim due to Plaintiff's status as an independent contractor. An ALJ also determined that Plaintiff was an independent contractor. The Workers' Compensation Board reversed. The court of appeals reversed and reinstated the ALJ's opinion. The Supreme Court remanded the case back to the ALJ, holding that this Court's holding in Mouanda v. Jani-King International, 635 S.W.3d 635 (Ky. 2022) adopting the economic realities test is extended to the workers' compensation context. View "Oufafa v. Taxi, LLC" on Justia Law

The Supreme Court reversed the judgment of the court of appeals upholding the opinion and order of the Workers' Compensation Board denying Officer Tracy Toler's petition for reconsideration of the decision of the administrative law judge (ALJ) declining to award Toler an additional two percent impairment rating for pain, holding that a physician that is not licensed in Kentucky does not meet the definition of "physician" under Ky. Rev. Stat. 342.0011(32).Dr. Craig Roberts conducted an independent medical examination on Toler and assessed a six percent whole person impairment rating. To contest the rating, Toler's employer filed a report by Dr. Christopher Brigham believing a four percent impairment rating was more appropriate. The ALJ found Dr. Brigham's opinion to be more credible than Dr. Roberts' and did not award Toler an additional two percent impairment rating for pain. On appeal, Toler argued that Brigham did not qualify as a "physician" under section 342.0011(32). The court of appeals affirmed. The Supreme Court vacated the ALJ's opinion and order, holding that Dr. Brigham did not meet the statutory definition of "physician" under the statute, and therefore, his report was inadmissible. View "Toler v. Fiscal Court" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals concluding that Claimant's claim for disability benefits was not barred by res judicata and that the Workers' Compensation Board misconstrued the reopening statute, Ky. Rev. Stat. 342.125(1)(d) and (2), holding that the court of appeals did not err.In 2017, Claimant received a work-related injury, and an administrative law judge (ALJ) awarded her temporary total disability benefits. In 2019, Claimant alleged a worsening of her condition, and her claim was reopened pursuant to section 342.125(1)(d). An ALJ awarded Claimant permanent partial disability benefits and future medical benefits. The Board reversed, holding that the ALJ's original decision was supported by substantial evidence and therefore was res judicata. The court of appeals reversed, concluding that the Board misconstrued section 342.125 and erred in its res judicata analysis. The Supreme Court affirmed, holding that nothing in the plain language of section 342.125 precludes reopening of a temporary disability award. View "Lakshmi Narayan Hospitality Group Louisville v. Jimenez" on Justia Law

The Supreme Court reversed the decisions of the circuit court and court of appeals affirming the judgment of the Kentucky Labor Cabinet finding that because no union business privilege exists in the Commonwealth, the Louisville Metro Police Department (LMPD) did not engage in an unfair labor practice under the circumstances of this case, holding that the lower courts erred.The River City Fraternal Order of Police Lodge No. 614, Inc. (FOP) brought an unfair labor practice claim against the Louisville-Jefferson County Metro Government (Louisville Metro) alleging that the LMPD engaged in an unfair labor practice by coercing the FOP President to reveal communications he had with a sergeant that the FOP asserted were protected by a "union business privilege." The Labor Cabinet concluded that Kentucky does not recognize a union business privilege and therefore entered judgment for the LMPD. The circuit court and court of appeals affirmed. The Supreme Court reversed, holding that Louisville committed an unfair labor practice when it compelled the FOP President to disclose the substance of his conversation with the sergeant. View "River City Fraternal Order of Police Lodge No. 614, Inc. v. Louisville/Jefferson County Metro Government" on Justia Law