KENTUCKY ASSOCIATED GENERAL CONTRACTORS SELF-INS. FUND V. TRI STATE CRANE RENTAL
WORKERS COMP: OUT OF STATE COVERAGE
PANEL: VANMETER (PRESIDING); THOMPSON, PAISLEY CONCUR
DATE RENDERED: 09/07/2007
The Court of Appeals affirmed the Workers’ Compensation Board and the ALJ in finding that a crane operator’s injury in Ohio was covered under Kentucky Workers’ Compensation law. The employer had jobs in many states and the claimant had worked for Tri-State Crane Rental before, in Kentucky as well as other states. Analyzing the extraterritorial application of the workers’ comp law, the COA adopted the Board’s decision which found that when the claimant had worked for the employer previously, the contract of hire was made in Kentucky. A six-month hiatus occurred where the claimant worked for another employer, since he was a member of the operating engineer’s union. But the ALJ found, based on conflicting evidence, that the employment relationship continued when he was injured on the first day back to work for this employer. Therefore, the injury could be covered under Kentucky workers’ compensation law. Although the employer contacted the claimant directly, on the occasion of this period of employment, the opinion lacks any information about the Union’s collective bargaining agreement. It seems that the CBA should have been considered the ‘contract of hire’ since it established the terms and conditions of employment. The COA also affirmed the Board’s reversal of the ALJ’s imposition of sanctions for denying the claim.
Digested by Peter Naake – Priddy, Cutler, Miller & Meade