EMPLOYMENT – Kentucky Disability Retirement: Kentucky Retirement Systems v. Robb (COA 11/25/2009)

Kentucky Retirement Systems v. Robb
2009-CA-000437 11/25/09 2009 WL 4060881

Opinion by Judge Dixon; Judges Clayton and Thompson concurred.

The Court affirmed a decision of the circuit court reversing a decision of the Kentucky Retirement Systems denying an employee’s application for disability retirement. The employee preschool bus driver was unable to renew her Commercial Driver’s License because of mobility issues related to bilateral osteoarthritis of the knees. The Court held that, although the trial court may have exceeded the scope of its review, the evidence compelled a decision in the employee’s favor. The Court concluded that obesity could not constitute a pre-existing condition to preclude retirement disability benefits when there was no evidence that the worker suffered osteoarthritis of the knees prior to her employment. Thus, the evidence compelled a finding that the employee did not suffer a pre-existing condition and that she was physically incapacitated from performing her job or a job of like duties.

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