Administrative / Regulatory Law | Kentucky Court Report

Std. of Review: Administrative Decisions, Statutory Interpretation

by Michael Stevens | Feb 8, 2014 | Administrative / Regulatory Law, Appeals, Standards of Review | 0 |

Ford Contracting, Inc. v. Kentucky Transportation Cabinet COA PUB 2/7/2014 ACREE, CHIEF JUDGE: Ford Contracting, Inc. appeals the February 21, 2012 order of the Franklin Circuit Court reversing in part and affirming in part the...

Appeals of Administrative Rulings: Timely filing required (limitation of actions)

by Michael Stevens | Apr 3, 2011 | Administrative / Regulatory Law, Appeals, Defenses | 0 |

From Gallien v. Kentucky Board of Medical Licensure, COA, Published, 3/25/2011 In this case, the Order of Suspension was mailed to Appellant on April 25, 2007. However, she did not file her petition for judicial review...

ADMINISTRATIVE/REGULATORY LAW: Commonwealth, Energy and Environmental Cabinet v. Spurlock (COA 1/22/2010)

by Michael Stevens | Mar 20, 2010 | Administrative / Regulatory Law, COA Decisions | 0 |

Commonwealth, Energy and Environmental Cabinet v. Spurlock2008-CA-001184 01/22/2010 2010 WL 199411Opinion by Judge Thompson; Judges Caperton and Wine concurred. The Court reversed and remanded orders of the circuit court...

ADMINISTRATIVE LAW – Gov’t disability retirement and workers compensation benefits: Mitchell Metzinger v. Kentucky Retirement Systems, et al. (SC 8/27/2009)

by Michael Stevens | Oct 10, 2009 | Administrative / Regulatory Law, Employment Law / Gov't Retirement, Government, SCOKY Decisions, Workers Compensation | 0 |

Mitchell Metzinger v. Kentucky Retirement Systems, et al. 2007-SC-000363-DG August 27, 2009 Opinion by Justice Scott. All sitting; all concur. Metzinger, an electrician employed by the city of Louisville, was injured on the job....

ADMINISTRATIVE LAW – Occupations & Professions – Medical licensure: (SC 5/21/2009)

by Michael Stevens | Oct 7, 2009 | Administrative / Regulatory Law, SCOKY Decisions | 0 |

Eric C. Norsworthy, MD v. Kentucky Board of Medical Licensure (KBML)2008-SC-000918-1 May 21, 2009Opinion and order of the Court. All sitting; all concur. A KBML panel restricted a doctor’s license to treating only male...

ADMINISTRATIVE LAW – Government retirement, changing options after check issued: Bob Lawson v. Kentucky Retirement Systems, et al. (SC 5/21/2009)

by Michael Stevens | Oct 7, 2009 | Administrative / Regulatory Law, Employment Law / Gov't Retirement, Government, SCOKY Decisions | 0 |

Bob Lawson v. Kentucky Retirement Systems, et al.2007-SC-000540-DG May 21, 2009Opinion by Justice Noble. All sitting. Lawson retired from employment with the state after 26 years. He selected a retirement benefit payment option...

REGULATORY LAW (PROFESSIONS): Physician permitted to use physical therapy billing codes: Dubin Orthopaedic Center PSC v. State Board of Physical Therapy (SC 4/23/2009)

by Michael Stevens | Oct 3, 2009 | Administrative / Regulatory Law, Medical, SCOKY Decisions | 0 |

Dubin Orthopaedic Center PSC v. State Board of Physical Therapy2007-SC-000756-DG April 23, 2009Opinion by Justice Abramson. All sitting, all concur. The State Board of Physical therapy sought to enjoin Appellant—an orthopedic...

DISABILITY RETIREMENT (GOV’T) – “Residual functioning capacity”; “treating physician rule” rejected: Kentucky Retirement Systems v. Sandra Bowens (SC 4/23/2009)

by Michael Stevens | Oct 3, 2009 | Administrative / Regulatory Law, Employment Law / Gov't Retirement, Government, SCOKY Decisions | 0 |

Kentucky Retirement Systems v. Sandra Bowens2007-SC-000509-DG April 23, 2009Opinion by Justice Scott. All sitting; all concur. Kentucky Retirement Systems denied employee’s application for disability retirement and she sought...

ADMINISTRATIVE LAW – Liquor licensing and minimum distance between establishments per local ordinance: Louisville / Jefferson County Metro Govt. v. TDC Group, LLC, d/b/a Molly Malone’s & Alcoholic Beverage Control Board (SC 2/19/2009)

by Michael Stevens | Sep 27, 2009 | Administrative / Regulatory Law, SCOKY Decisions | 0 |

Louisville / Jefferson County Metro Govt. v. TDC Group, LLC, d/b/a Molly Malone’s & Alcoholic Beverage Control Board2007-SC-000315-DG 2/19/20092007-SC-000581-DG 2/19/2009Opinion by Justice Noble; Justice Abramson not...

Administrative Law – due process, appeals following hearing: Commonwealth, Cabinet for Health and Family Services v. Gambrel’s Food Mart, Inc. (C0A 8/28/2009)

by Michael Stevens | Sep 23, 2009 | Administrative / Regulatory Law, COA Decisions | 0 |

Commonwealth, Cabinet for Health and Family Services v. Gambrel's Food Mart, Inc.2008-CA-001243 8/28/09 2009 WL 2633576Opinion by Judge Stumbo; Chief Judge Combs and Senior Judge Buckingham concurred. The Court affirmed a...

Contracts – equine, veterinary practice of medicine, KRE 401: Ramsey v. Lambert (COA 8/7/2009)

by Michael Stevens | Sep 23, 2009 | Administrative / Regulatory Law, Business Law / Contracts, COA Decisions, Evidence | 0 |

Ramsey v. Lambert2008-CA-000862 8/7/09 2009 WL 2408413Opinion by Judge Lambert; Judge Acree and Senior Judge Harris concurred. The Court affirmed a jury verdict awarding fees to appellees under an oral contract to provide...

Administrative Law – No evidence agency exceed statutory authority in EPA: Alliance for Kentucky’s Future, Inc. v. Environmental and Public Protection Cabinet (COA 5/10/2009)

by Michael Stevens | Sep 7, 2009 | Administrative / Regulatory Law, COA Decisions, Government | 0 |

Alliance for Kentucky's Future, Inc. v. Environmental and Public Protection Cabinet2007-CA-001186 10/10/2008 Ordered PUBLISHED 5/10/20092008 WL 4531018Opinion by Judge Clayton; Judge Stumbo and Senior Judge Graves...

Category: Administrative / Regulatory Law

Std. of Review: Administrative Decisions, Statutory Interpretation

Appeals of Administrative Rulings: Timely filing required (limitation of actions)

ADMINISTRATIVE/REGULATORY LAW: Commonwealth, Energy and Environmental Cabinet v. Spurlock (COA 1/22/2010)

ADMINISTRATIVE LAW – Gov’t disability retirement and workers compensation benefits: Mitchell Metzinger v. Kentucky Retirement Systems, et al. (SC 8/27/2009)

ADMINISTRATIVE LAW – Occupations & Professions – Medical licensure: (SC 5/21/2009)

ADMINISTRATIVE LAW – Government retirement, changing options after check issued: Bob Lawson v. Kentucky Retirement Systems, et al. (SC 5/21/2009)

REGULATORY LAW (PROFESSIONS): Physician permitted to use physical therapy billing codes: Dubin Orthopaedic Center PSC v. State Board of Physical Therapy (SC 4/23/2009)

DISABILITY RETIREMENT (GOV’T) – “Residual functioning capacity”; “treating physician rule” rejected: Kentucky Retirement Systems v. Sandra Bowens (SC 4/23/2009)

ADMINISTRATIVE LAW – Liquor licensing and minimum distance between establishments per local ordinance: Louisville / Jefferson County Metro Govt. v. TDC Group, LLC, d/b/a Molly Malone’s & Alcoholic Beverage Control Board (SC 2/19/2009)

Administrative Law – due process, appeals following hearing: Commonwealth, Cabinet for Health and Family Services v. Gambrel’s Food Mart, Inc. (C0A 8/28/2009)

Contracts – equine, veterinary practice of medicine, KRE 401: Ramsey v. Lambert (COA 8/7/2009)

Administrative Law – No evidence agency exceed statutory authority in EPA: Alliance for Kentucky’s Future, Inc. v. Environmental and Public Protection Cabinet (COA 5/10/2009)

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