At long last, the Kentucky workers' compensation bar has an answer to the temporary total disability (TTD) question that has been in turmoil for more than a year. With its reversal of the Court of Appeals in Zappo's v. Mull...
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.
Does Anyone Else Feel Sick?
Statute of Limitations No Longer a Limitation to Cumulative Trauma Claims. Does Anyone Else Feel Sick?
It's that time of year again. Kids are back in school, the first batch of illnesses are making the rounds, and a fresh batch of flu vaccine is now available from your family doctor. What we can't seem to immunize ourselves against are sickening decisions from our appellate courts, which seem to be coming fast and frequent these days. This month's Consol of Kentucky, Inc. v. Goodgame, 2014-SC-000333-WC (9/24/15, To Be Published), is going to run rampant through our system.
Horseplay: Ain't What It Used To Be
Horseplay: It ain't what it used to be.
by Scott M. Brown
Supreme Court won't let the pesky law stop them from fully redressing a worker's injury as they see fit.
Concurrent Employment: The Statute Means What It Says
The statute means just what it says. Supreme Court rejects Court of Appeals' reasoning on concurrent employment.
On August 20, 2015, the Kentucky Supreme Court issued its published decision in Garrard Co. Fiscal Court v. Camps, 2014-SC-000610-WC, a case dealing with contemporaneous employment and average weekly wage for worker's compensation purposes. Why is this important? Two reasons. First, the Supreme Court went all Hulkamania on Justices Stumbo and Taylor from the Court of Appeals. And it has a big impact on how we calculate benefits in Kentucky workers' compensation.
Supreme Court Rule: No TTD But Chrysalis House Is Overruled
Supreme Court Rule: No TTD But Chrysalis House Is Overruled
We've been waiting for months for the Supreme Court to issue a decision addressing the temporary total disability (TTD) issue that has so many employers and carriers hot and bothered. On August 20, they finally did so. In the case of Livingood v. Trans freight, LLC, 2014-SC-000100-WC (To Be Published), the Supreme Court ruled on the issues of TTD and application of the 2X multiplier. It was a "good news, bad news" ruling, but an important one on both fronts.
