SCOKY 2009 Minutes: December 17, 2009 (No. 274)

December 17, 2009 Supreme Court Minutes

  • Decisions 274
  • One decision with One published
  • No published disciplinary cases
  • No motions for rehearing denied (none granted)
  • 2 motions for discretionary review granted with 27 motions denied
  • 3 COA decisions ordered not published
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Link to full text published decisions with Questions Presented as noted on the SCOKY minutes are as follows:

274 – WORKERS COMPENSATION

DENNIS BRADLEY, ADMINSTRATOR OF EST. OF CARMELLO ANGEL ISIDORO MAYO VS. COM. OF KENTUCKY UNINSURED EMPLOYERS FUND
Questions Presented:
Workers' Compensation. Whether the UEF must pay interest and the 30% enhancement provided in KRS 342.165(1) on the lump-sum death benefit payable to a worker's estate under KRS 342.750(6). Whether KRS 342.130 applies to the lump-sum benefit when the heir is a non-resident alien.

OPINION OF THE COURT AFFIRMING IN PART AND REVERSING IN PART

An Administrative Law Judge (ALJ) awarded a lump sum death benefit to Carmelo Angel Isidoro Mayo's estate' and income benefits to his minor child, Alexandria del Carmen Dorantes Mejia, a citizen and resident of Mexico . The ALJ ordered the Uninsured Employers' Fund (UEF) to pay all benefits in the event that Mayo's employer failed to do so,including the 30% enhancement provided by KRS342.165(1) and interest accrued on past-due benefits. The Workers' Compensation Board affirmed.

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