WORKERS COMP – commencement of benefits: Betty J. Sweasy v. Wal-Mart; ALJ; & Workers’ Compensation Board (SC 10/19/2009)

Betty J. Sweasy v. Wal-Mart; ALJ; & Workers’ Compensation Board
2009-SC-000219-WC October 29, 2009
Opinion of the Court. All sitting; all concur.

The Supreme Court reversed the Court of Appeals, holding that the compensable period for permanent partial workers’ compensation begins on the date the impairment arises. The Court of Appeals had previously ruled that KRS 347.730(1)(d) gave the ALJ discretion to award benefits beginning with the date the claimant reached maximum medical improvement (MMI). The Supreme Court held that neither the Court of Appeals nor the employer (the Appellee) could point to a reasonable basis for benefits to commence on any date other than when the impairment or disability arose.