Latest Blogs

In a recent Kentucky Supreme Court case, a majority of the Court declared that the way coal miners are required to prove their claims that they have pneumoconiosis, or "black lung" violated the Kentucky and United States consitutional guarantee of equal protection under the law.

A recent Supreme Court case held that if there are medical expenses or mileage claimed by the injured worker as out-of pocket medical expenses, they must be submitted to the insurance carrier within 60 days, on a Form 114.

A Recent Court of Appeals Decision held that an insurance company had to cover a truck owner/operator because he paid for workers' compensation coverage. He had signed papers which said that he was not covered as a business owner, but his testimony was that he did not understand that he was waiving all coverage under the policy.

One of my prior workers comp clients has the unlucky distinction of being a test case on the proper interpretation of our workers comp statute. He had a serious back injury and surgery which we settled for a 3-times multiplier over 5 years ago, because he could not return to his former job as a truck driver who had to stock cases of soft drinks in retail businesses.

A case was published recently that completely changed the landscape of state employee whistleblower complaints under Krs.61.103. (This does not apply to all public employees, only state employees or political subdivisions of the state.)

In Consolidated Infrastructure v. Allen , Ky. 269 SW3d 852, the Supreme Court held that the 90 day limitation period for filing an action only applied to cases that sought injunctive relief or punitive damages.