WORKERS COMPENSATION – LTD policy not controlling on entitlement to PTD benefits in workers comp: Ridener v. South KY Rural Electric Cooperative, Corp. (COA 1/23/2009)

Ridener v. South KY Rural Electric Cooperative, Corp.
2008-CA-001520
01/23/2009
 2009 WL 172897
Opinion by Judge Keller; Chief Judge Combs and Senior Judge Henry concurred.

The Court affirmed an opinion of the Workers’ Compensation Board affirming an opinion of the ALJ finding appellant only partially disabled.

The Court held that the employer’s proof of appellant’s entitlement to long-term disability benefits had little or no bearing on his entitlement to permanent total disability benefits, as the definition of disability under the long-term disability policy was significantly different from and far less restrictive than the definition of permanent total disability under KRS 342.0011. The Court also held that the evidence did not compel a finding that appellant was totally disabled.