Blaine v. Downtown Redevelopment Authority, Inc.

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The Supreme Court affirmed the judgment of the Court of Appeals affirming the decision of the Workers’ Compensation Board in this workers’ compensation case. Appellant suffered a work-related injury in 2007. After she returned to work, Appellant suffered a second work-related injury in 2011 that resulted in Appellant being found permanently totally disabled. At issue before the Supreme Court was the proper disposition of Appellant’s claim for benefits following her first injury. The Board remanded the matter to the administrative law judge, determining that the ALJ erred in concluding that Appellant had not claimed entitlement to permanent total disability benefits following her first injury. The Board remanded this case to the ALJ with specific instructions to first determine Appellant’s entitlement to permanent total disability benefits and, if she was not entitled to such benefits, to determine her permanent partial disability benefits using a proper analysis under Fawbush v. Gwinn, 103 S.W. 3d 5 (Ky. 2005). The Court of Appeals affirmed. The Supreme Court affirmed, holding that the Court of Appeals did not err in its judgment. View "Blaine v. Downtown Redevelopment Authority, Inc." on Justia Law