Workers Comp – university evaluators: Morrison v. The Home Depot (COA 2/13/2009)

Morrison v. The Home Depot
2007-CA-002457
02/13/2009
2009 WL 367212
Opinion by Judge Nickell; Judges Clayton and Taylor concurred.

The Court affirmed an opinion of the Workers’ Compensation Board affirming an opinion of the ALJ, after remand from the Kentucky Supreme Court, finding that a university evaluator was affiliated with the University of Louisville School of Medicine.

The Court held that the ALJ’s finding was supported by substantial evidence that the doctor met the requirements of KRS 342.315 to serve as a university evaluator. The evidence showed that the doctor was a non-tenured professor of orthopedic surgery and had performed the university evaluation at the request of the medical school and that his status as an independent contractor with a medical assessment clinic did not negate those facts.

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