This Court is permitted to alter a decision of the Workers’ Compensation Board “only where the . . . Court perceives the Board has overlooked or misconstrued controlling statutes or precedent, or committed an error in assessing the evidence so flagrant as to cause gross injustice.” Pike County Board of Education v. Mills, 260 S.W.3d 366, 368 (Ky. App. 2008) (quotation omitted). Further, the Board’s review of an ALJ’s factual conclusion may only result in reversal when “[t]he order, decision, or award is clearly erroneous on the basis of the reliable, probative, and material evidence contained in the whole record[.]” KRS 342.285(2)(d).
FROM:
RICHEY (JOHN A.), ET AL. VS. PERRY ARNOLD, INC. , ET AL.
OPINION AFFIRMING IN PART AND REVERSING IN PART
ACREE (PRESIDING JUDGE)
MOORE (CONCURS) AND BUCKINGHAM (CONCURS)
2009-CA-001796-WC
2009-CA-001954-WC
NOT TO BE PUBLISHED
