Kentucky Tort Report (SCOKY) for Sept. 21, 2007 (2007:45)

Kentucky Tort Report (SCOKY) for Sept. 21, 2007 (2007:45)
All decisions this week were workers compensation related.

Published Decisions - SCOKY

SIDNEY COAL CO., INC. V. HUFFMAN
WORKERS COMPENSATION:  Appealability and finality
2006-SC-000849-WC.pdf
PUBLISHED: AFFIRMING (ABRAMSON NOT SITTING)
OPINION BY THE COURT
FROM COA
DATE RENDERED: 09/20/2007

The Court held that a Workers’ Compensation Board Opinion which allows or directs the ALJ to change his opinion is final and appealable. The plaintiff was entitled to have his theory of the case addressed by the ALJ. When he refused to do so on request for further findings of fact on issues of total disability or partial disability and extent of temporary total disability, the Board and Court of Appeals properly remanded the case to him for further findings of fact.

Digested by Peter Naake
Priddy, Cutler, Miller & Meade

Not Published Decisions

BROCK V. MANALAPAN MINING CO.
WORKERS COMP
2006-SC-000786-WC.pdf
NOT PUBLISHED: AFFIRMING
DATE RENDERED: 09/20/2007

COOPER V. BRASS WORKS
WORKERS COMP
2006-SC-000831-WC.pdf
NOT PUBLISHED: AFFIRMING
DATE RENDERED: 09/20/2007

CLARK V. ELMO GREER & SONS
WORKERS COMP
2006-SC-000832-WC.pdf
NOT PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, REMANDING
DATE RENDERED: 09/20/2007