Michael Stevens | Kentucky Court Report

August 2009 COA Case Summary Report (Published Decisions)

Posted by Michael Stevens | Sep 23, 2009 | COA Monthly Summaries |

The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date...

WORKERS COMP & ESTATES – n KRS 342.180 did not apply to money received by an estate when a worker died without dependents: Williams v. Farmers Stockyard, Inc. (COA 8/7/2009)

Posted by Michael Stevens | Sep 23, 2009 | COA Decisions, Wills, Trusts, Estates (Probate), Workers Compensation |

Williams v. Farmers Stockyard, Inc.2008-CA-000785 8/7/09 2009 WL 2408399Opinion by Judge Caperton; Senior Judge Buckingham concurred; Judge Stumbo dissented by separate opinion. On discretionary review, the Court affirmed a...

WORKERS COMP – No error by ALJ in reopening claim later than 2 year window, medical benefits awarded affirmed: Ranger Contracting v. Morley (COA 8/28/2009)

Posted by Michael Stevens | Sep 23, 2009 | COA Decisions, Workers Compensation |

Ranger Contracting v. Morley2008-CA-001037 8/28/09 2009 WL 2707394Opinion by Judge Nickell; Judges Caperton and Keller concurred. The Court affirmed an order of the Workers’ Compensation Board affirming an ALJ’s award of medical...

WORKERS COMP – KRS 342.16(2)’s three factors for denial of claim, no causal connection between misrepresentation by employee and his injury: Baptist Hospital East v. Possanza (COA 8/7/2009)

Posted by Michael Stevens | Sep 23, 2009 | COA Decisions, Workers Compensation |

Baptist Hospital East v. Possanza2009-CA-000082 8/7/09 2009 WL 2424212Opinion by Judge Lambert; Judges Caperton and Keller concurred. The Court affirmed a decision of the Workers’ Compensation Board reinstating a worker’s claims...

TORTS – MVA; “the” vs. “a” substantial factor in causation not substantial error; zero pain and suffering affirmed; no negligence per se against coal company: Trent v. Teco Coal Corporation (COA 5/22/09; 8/21/09 ordered published)

Posted by Michael Stevens | Sep 23, 2009 | COA Decisions, Damages, Insurance |

Trent v. Teco Coal Corporation2008-CA-000486 5/22/2009 2009 WL 1424031 Ordered Pub 8/21/09Opinion by Judge Clayton; Judges Moore and Stumbo concurred. The Court affirmed a judgment of the circuit court entered subsequent to a...

Author: Michael Stevens

August 2009 COA Case Summary Report (Published Decisions)

WORKERS COMP & ESTATES – n KRS 342.180 did not apply to money received by an estate when a worker died without dependents: Williams v. Farmers Stockyard, Inc. (COA 8/7/2009)

WORKERS COMP – No error by ALJ in reopening claim later than 2 year window, medical benefits awarded affirmed: Ranger Contracting v. Morley (COA 8/28/2009)

WORKERS COMP – KRS 342.16(2)’s three factors for denial of claim, no causal connection between misrepresentation by employee and his injury: Baptist Hospital East v. Possanza (COA 8/7/2009)

TORTS – MVA; “the” vs. “a” substantial factor in causation not substantial error; zero pain and suffering affirmed; no negligence per se against coal company: Trent v. Teco Coal Corporation (COA 5/22/09; 8/21/09 ordered published)

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