KENTUCKY TORT REPORT:
COA 2010 Minutes July 23,
2010 (Nos. 702-728)

  • Above link to minutes is full text of minutes with link to full
    text
    of each decision.
  • Total number of decisions:  27
  • Published Decisions:  4 (704, 707, 713, 718)
  • Tort, Civil, Insurance, Workers Compensation:  8 (702, 708, 715, 718, 720, 723, 727, 728)

DECISIONS WITH SHORT SYNOPSIS AND LINK TO FULL TEXT OF
EACH:

702.  TORTS.  EMPLOYMENT DISCRIMINATION.
CATRON (EDWARD)
VS.
LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT
OPINION AFFIRMING
WHITE (PRESIDING JUDGE)
MOORE (CONCURS) AND THOMPSON (CONCURS)
2008-CA-002081-MR
NOT TO BE PUBLISHED
FAYETTE

HITE, SENIOR JUDGE: Edward Catron, a former candidate for an environmental inspector position at the Lexington-Fayette Urban County Government (LFUCG), Department of Environmental and Emergency Management (DEEM), appeals from a Fayette Circuit Court summary judgment in favor of LFUCG. The trial court based its decision upon Catron’s failure to prove that he was disabled or that LFUCG regarded him as disabled. The trial court also concluded that Catron was unable to perform the duties required of an environmental inspector due to his heavy lifting restriction. On appeal, Catron claims that the summary judgment was erroneous because: (1) LFUCG perceived that Catron was disabled; (2) Questions of fact existed concerning whether heavy lifting was an essential function of the position; and (3) Catron was physically capable of performing the job. After a careful review of the record, we affirm the Fayette Circuit Court’s summary judgment.

708. EMPLOYMENT DISCRIMINATION.  PREGNANCY.
CORE MEDICAL, LLC (CORE LLC)
VS.
SCHROEDER (DEBORAH)
OPINION AFFIRMING IN PART, REVERSING IN PART, AND REMANDING
DIXON (PRESIDING JUDGE)
VANMETER (CONCURS) AND LAMBERT (CONCURS)
2009-CA-000670-MR
NOT TO BE PUBLISHED
KENTON

715. WORKERS COMPENSATION
SMALLWOOD, JONATHAN
VS.
LON. MOUNTAIN PROCESSING, INC.;
HON. LAWRENCE SMITH, ADMINISTRATIVE LAW JUDGE;
AND WORKERS’ COMPENSATION BOARD
2009-CA-001251-WC
NOT TO BE PUBLISHED
WORKERS’COMP

VANMETER, JUDGE: Jonathan Smallwood petitions for the review of an opinion of the Workers’ Compensation Board (Board) affirming in part and reversing and remanding in part an opinion of the Administrative Law Judge (ALJ) with respect to Smallwood’s injury claims. Finding no error, we affirm.  On appeal, Smallwood argues that the Board erred by concluding the evidence supported the ALJ’s finding that (1) his bowel and bladder dysfunctions did not result in permanent impairment and (2) he did not sustain a psychological impairment as a result of his work injury. We disagree.

720. SEXUAL HARASSMENT
ABNEY (REBECCA)
VS.
GULLEY REMODELING AND MAINTENANCE, INC. , ET AL.
AFFIRMING IN PART, REVERSING IN PART AND REMANDING
BUCKINGHAM (PRESIDING JUDGE)(SENIOR STATUS JUDGE)
CAPERTON (CONCURS) AND MOORE (CONCURS)
2009-CA-001490-MR
NOT TO BE PUBLISHED
FAYETTE

BUCKINGHAM, SENIOR JUDGE: Rebecca Abney appeals from an order of the Fayette Circuit Court granting summary judgment in favor of Gulley Remodeling and Maintenance, Inc., Kenny Johnson, Calvin D. Gulley, and Josephine Gulley, and dismissing Abney’s claims relating to alleged sexual harassment. We affirm in part, reverse in part, and remand.

724. 42 USC SECTION 1983 CLAIM, PRO SE
JONES (DEBI)
VS.
JONES (TRACY)
OPINION VACATING
VANMETER (PRESIDING JUDGE)
ACREE (CONCURS) AND WINE (CONCURS)
2009-CA-001968-ME
NOT TO BE PUBLISHED
CAMPBELL

TAYLOR, CHIEF JUDGE: Larry E. Watkins-El brings this pro se appeal from a September 15, 2009, Opinion and Order of the Jefferson Circuit Court dismissing his complaint brought under 42 U.S.C. § 1983. We affirm.

727. WORKERS COMPENSATION
WATKINS (GARY)
VS.
L3 COMMUNICATIONS, ET AL.
OPINION AFFIRMING
HARRIS (PRESIDING JUDGE)
MOORE (CONCURS) AND WINE (CONCURS)
2010-CA-000383-WC
NOT TO BE PUBLISHED
WORKERS' COMP

HARRIS, SENIOR JUDGE: Gary Watkins has petitioned for review of an opinion of the Workers’ Compensation Board (the “Board”) entered on January 29, 2010, which affirmed the Administrative Law Judge’s (“ALJ”) June 23, 2009, order dismissing his claim. We affirm.

728. WORKERS COMPENSATION
MEANS (ROBERT)
VS.
SCHNEIDER NATIONAL, INC. , ET AL.
OPINION AFFIRMING
STUMBO (PRESIDING JUDGE)
ACREE (CONCURS) AND LAMBERT (CONCURS)(SENIOR STATUS JUDGE)
2010-CA-000387-WC
NOT TO BE PUBLISHED
WORKERS' COMP

STUMBO, JUDGE: Robert Means appeals from an Opinion of the Workers’ Compensation Board affirming an Opinion and Order of the Administrative Law Judge (“ALJ”). The ALJ determined that Kentucky did not have jurisdiction to adjudicate Means’ workers’ compensation claim because Means’ contract of hire with Schneider National, Inc. was entered into in Green Bay, Wisconsin. We affirm the Board’s conclusion that the evidence did not compel a different result than the one reached by the ALJ.