The Supreme Court handed down its decision on October 29, 2015. This case was reopened by the employer for a medical dispute to challenge prescription medications, two of which were narcotics. The ALJ found the treatment compensable. The Court of ...
It's no laughing matter, Hale v. CDR Operations.
On October 29, 2015 the Kentucky Supreme Court handed down a dreadful decision in the matter of Hale v. CDR Operations, Inc., et al., 2014-SC-000062-WC (to be published). Get ready to fight hard over date of manifestation.
Court of Appeals Decisions for October 9: ALJ Rudloff reversed, the UEF gets a bad deal, so does UPS. Meanwhile Plaintiffs get it all.
Three cases were issued, two were published by our Court of Appeals ("COA"). Let's delve into each.
Death benefits-interest accrues starting on the date of death.
Interest on death benefits begins to accrue on the date of death, not the date that a court appoints an administrator to the estate. The statute states that "payment is due to the 'decedent's estate.' The estate comes into existence at the moment of the death." This is per the Court of Appeals, who issued their published decision on the matter on October 2, 2015 in the case of Flagship Transportation, LLC v. Estate of Cory Keeling, et al., 2015-CA-000718-WC.
