This week’s decisions announced and posted by the Court of Appeals in their weekly minutes may not yet be final. Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.
Published Court of Appeals Decisions
Here are the links to the full text of each published case for this week with a short synopsis.
645. Administrative Law. Hospitals and emergency room services
Harrison Memorial Hospital v. Wellcare Health Insurance
Court of Appeals Published Opinion AFFIRMING. Franklin Cir Ct. Summary judgment that Harrison Memorial violated KRS 205.6310 by refusing to make its emergency services utilization criteria publicly available, denying reimbursement for ancillary services to determine whether a medical emergency exists, and denying reimbursement for emergency services for children under the age of six.
647. Workers Compensation.
Tema Isenmann, Inc. v. Miller
Court of Appeals Published Opinion REVERSING AND REMANDING Workers Compensation Board which is vacated and remanded to the ALJ for a new order requiring the Commissioner to procure a university medical evaluation or, if that is impossible, find an independent and qualified medical expert either by recommendation of the University of Louisville or the University of Kentucky or by independent search for a qualified university medical evaluator from outside these universities. After such an evaluation has been performed, the ALJ shall determine whether substantial evidence has been provided that Miller has an occupational disease entitling him to PTD and medical benefits.
Selected Non-Published Decisions Dealing with tort, insurance and civil procedure:
None.
[gview file=”https://kycourtreport.com/wp-content/uploads/2016/09/MNT08052016.pdf”]
