Current Boone County Judicial Center, Burlington, Kentucky. Built 2003. Architect CMW. Construction by Codell Construction Co.
PUBLISHED DECISIONS:
221. Workers Compensation. Hearing loss.
D&L Mining v. Hensley
Affirming. D&L Mining Company, LLC, (“D&L”) appeals from a Workers’ Compensation Board (“Board”) decision affirming the opinion, order and award of the Administrative Law Judge (“ALJ”) finding Jimmy Hensley (“Hensley”) suffered a 17% whole person impairment rating resulting in an award of permanent partial disability (PPD) benefits for hearing loss and was entitled to the three times multiplier.1 D&L asserts the award was improper because Hensley’s hearing loss was a pre-existing active condition which did not worsen during the less than five weeks he operated a front-end loader and bulldozer for D&L. Additionally, D&L claims the hearing loss did not prevent Hensley from working, and he was therefore not entitled to the three multiplier. Finding no error, we affirm.
222. Government Retirement Benefits.
Kentucky Retirement Systems v. Chamberlain
AFFIRMING IN PART AND REVERSING IN PART. Appellant, Kentucky Retirement Systems, appeals from an Opinion and Order of the Franklin Circuit Court reversing a Final Order of Appellant’s Board of Trustees that voided the retirement benefits of Appellee, Bret Chamberlain. For the reasons set forth below, we affirm in part and reverse in part.
229. Workers Compensation. No direct appeal to COA following ALJ ruling.
Woods v. Private Investigations & Counterintelligence, Inc.
DISMISSED. Kentucky Revised Statutes (KRS) 342.290 provides that this Court may review decisions of the Workers’ Compensation Board pursuant to Section 111 of the Kentucky Constitution and rules adopted by the Supreme Court of Kentucky. Kentucky Rules of Civil Procedure (CR) 76.25(2) authorizes this Court to review decisions of the Board upon the filing of a petition within 30 days of the Board’s final decision. In the present case, Appellant has attempted to appeal directly to this Court from the decision of an Administrative Law Judge (ALJ) upon remand from a decision of the Board. As stated above, this Court is not authorized to undertake such review. Kentucky law does not permit a litigant to bypass the Board. Therefore, this appeal must be dismissed.
Selected cases that were not designated for publication in tort, insurance and civil law.
220. Civil Procedure. Dismissal for lack of prosecution affirmed.
Davis v. MF Enterprises
******************
You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision. Please note that you will have to check Case Information for each decision for finality (if not already marked on first page of decision after publication), amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky. Click Court of Appeals Minutes for entire listing of weekly minutes.
All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority. See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)
