Justia Injury Law Opinion Summaries

The Supreme Court reversed the judgment of the court of appeals upholding the opinion and order of the Workers' Compensation Board denying Officer Tracy Toler's petition for reconsideration of the decision of the administrative law judge (ALJ) declining to award Toler an additional two percent impairment rating for pain, holding that a physician that is not licensed in Kentucky does not meet the definition of "physician" under Ky. Rev. Stat. 342.0011(32).Dr. Craig Roberts conducted an independent medical examination on Toler and assessed a six percent whole person impairment rating. To contest the rating, Toler's employer filed a report by Dr. Christopher Brigham believing a four percent impairment rating was more appropriate. The ALJ found Dr. Brigham's opinion to be more credible than Dr. Roberts' and did not award Toler an additional two percent impairment rating for pain. On appeal, Toler argued that Brigham did not qualify as a "physician" under section 342.0011(32). The court of appeals affirmed. The Supreme Court vacated the ALJ's opinion and order, holding that Dr. Brigham did not meet the statutory definition of "physician" under the statute, and therefore, his report was inadmissible. View "Toler v. Fiscal Court" on Justia Law

The Supreme Court reversed the ruling of the circuit court that Ky. Rev. Stat. 411.137 and Ky. Rev. Stat. 391.033, collectively known as Mandy Jo's Law, prevented Lawrence Miller from being awarded any of the settlement proceeds from the wrongful death action against the hospital where his stillborn daughter, Autumn, was born, holding that Mandy Jo's Law is not applicable when the child in question is stillborn.After Autumn was born stillborn, her mother, Brittany Bunch, filed suit against the Hospital alleging wrongful death. Miller subsequently filed a motion to intervene. After DNA testing proved Miller's paternity, the trial court allowed Miller's motion to intervene. The Hospital, Bunch, and Miller reached a settlement, and Bunch argued that Miller should not be awarded any settlement proceeds in accordance with Mandy Jo's Law. The trial court agreed and granted judgment for Bunch. The Supreme Court reversed, holding that the legislature did not contemplate the application of Mandy Jo's law to the facts in this case. View "Miller v. Brunch" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the court of appeals reversing in part the trial court's grant of summary judgment in favor of the City of Barbourville on all of Plaintiff's claims holding that the reasoning of the trial court was sound.Plaintiff sustained burns on the bottom of her feet after visiting a water park owned by the City, requiring eventual amputation of a portion of her foot. Plaintiff sued the City, bringing claims under theories of premises liability, strict liability, and breach of contract. The trial court granted summary judgment in favor of the City on all claims. The court of appeals reversed the summary judgment on the premises liability claim and otherwise affirmed. The Supreme Court reversed in part, holding that the trial court correctly granted summary judgment in favor of the City on Plaintiff's strict liability, breach of contract, and premises liability claims. View "City of Barbourville v. Hoskins" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals concluding that Claimant's claim for disability benefits was not barred by res judicata and that the Workers' Compensation Board misconstrued the reopening statute, Ky. Rev. Stat. 342.125(1)(d) and (2), holding that the court of appeals did not err.In 2017, Claimant received a work-related injury, and an administrative law judge (ALJ) awarded her temporary total disability benefits. In 2019, Claimant alleged a worsening of her condition, and her claim was reopened pursuant to section 342.125(1)(d). An ALJ awarded Claimant permanent partial disability benefits and future medical benefits. The Board reversed, holding that the ALJ's original decision was supported by substantial evidence and therefore was res judicata. The court of appeals reversed, concluding that the Board misconstrued section 342.125 and erred in its res judicata analysis. The Supreme Court affirmed, holding that nothing in the plain language of section 342.125 precludes reopening of a temporary disability award. View "Lakshmi Narayan Hospitality Group Louisville v. Jimenez" on Justia Law

The Supreme Court affirmed the decision of the court of appeals reversing the circuit court's entry of summary judgment in favor of Officer Ben Martin of the Georgetown Police Department on the grounds that he was entitled to qualified official immunity on Plaintiff's claims, holding that Officer Martin was not entitled to qualified immunity.Plaintiff brought this action against Officer Martin, alleging malicious prosecution, abuse of process, and defamation per se. The circuit court entered summary judgment in favor of Officer Martin, concluding that he was entitled to qualified official immunity. The court of appeals reversed, determining (1) under the circumstances, the trial court erred in granting summary judgment on the malicious prosecution claim; (2) as to the defamation claim, qualified official immunity was inapplicable; and (3) Plaintiff did not state a claim for abuse of process against Officer Martin. The Supreme Court affirmed, holding that the court of appeals properly concluded that remand for further proceedings was required. View "Martin v. Wallace" on Justia Law

In this appeal concerning the statutory ownership of a vehicle involved in a crash, the Supreme Court affirmed the court of appeals' decision affirming the order of the trial court granting summary judgment in favor of Central Motors, Inc., holding that the circuit court correctly held that Juan Garcia was the statutory owner of the vehicle at the time of the accident.Dolores Zepeda was the passenger in a 2002 BMW being driven by Darley Morales, the son of Juan Garcia, when Morales caused the car to crash in a single vehicle accident. As a result of the accident, Morales died and Zepeda was left paralyzed. Zepeda sued, among other defendants, Garcia for negligent entrustment and Central Motors as the purported statutory owner of the BMW. The trial court granted summary judgment for Central Motors, determining that Garcia, and not Central Motors, was the statutory owner of the vehicle at the time of the accident. The Supreme Court affirmed, holding that Central Motors substantially complied with Ky. Rev. Stat. 186A.220 and delivered possession of the vehicle pursuant to a bona fide sale, thus making Garcia the BMW's statutory owner. View "Zepeda v. Central Motors, Inc." on Justia Law

The Supreme Court vacated the decision of the court of appeals affirming the summary judgment and fees ordered by the trial court in favor of Defendants' right to direct payment of basic reparation benefits within an element of loss under Kentucky's Motor Vehicle Reparations Act, holding that this Court lacked subject matter jurisdiction over this appeal.Defendants were involved in a collision while in a vehicle insured by Erie Insurance Exchange. Erie filed a declaratory judgment action to determine whether it was required to pay bills within an element of loss in an order directed by secured persons. Defendants filed a counterclaim seeking attorney's fees and excess interest for the unreasonable delay of the payment of their bills caused by Erie. The trial court granted Defendants' motion for an attorney's fee and denied Erie's second summary judgment motion, but did not indicate in its order that it granted Defendants' motion for summary judgment. The court of appeals affirmed. The Supreme Court vacated the order below, holding that no final and appealable orders were before the Court, and therefore, this Court lacked jurisdiction over the appeal. View "Erie Insurance Exchange v. Johnson" on Justia Law

The Supreme Court affirmed the decision of the court of appeals declining to extend the holding in Livingood v. Transfreight, LLC, 467 S.W.3d 249 (Ky. 2015) to Ky. Rev. Stat. 342.730(1)(c)1, otherwise known as the three-multiplier, holding that this Court declines to extend Livingood to the three-multiplier.At issue was whether the holding in Livingood "that the legislature did not intend to reward an employee's wrongdoing with a double benefit" should be extended to preclude application of the three-multiplier when a claimant has been terminated for misconduct. Claimant in this case was allegedly fired for filing false information on a company report. The ALJ found that Claimant retained a permanent impairment due to a work injury and that this case justified application of the three-multiplier. The Workers' Compensation Board affirmed, determining that Livingood did not apply to the three-multiplier. The court of appeals affirmed. The Supreme Court affirmed, holding that nothing in the statue or the facts below requires extension of Livingood to section 342.730(1)(c)1. View "Tractor Supply v. Wells" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the order of the Workers Compensation Board reversing an Administrative Law Judge's (ALJ) application of the 2x multiplier in Ky. Rev. Stat. 342.730(1)(c)2, holding that there was no error.After suffering a work-related injury Claimant continued working his normal job for almost one year before he was laid off for unrelated reasons. The ALJ determined that, since Claimant earned no wage after the lay-off he qualified for the 2x multiplier, which doubles a claimant's benefits if the claimant returns to work after injury at the same or higher wages but subsequently experiences a cessation of that employment. The Board reversed as to the application of the 2x multiplier, determining that there was no "return" to work under section 342.730(1)(c)2. The court of appeals affirmed. The Supreme Court affirmed, holding that the ALJ misapplied the law to the facts. View "Helton v. Rockhampton Energy, LLC" on Justia Law

The Supreme Court affirmed the opinion of the court of appeals that affirmed an administrative law judge's (ALJ) award of permanent partial disability benefits to Plaintiff, holding that the court of appeals did not err.Plaintiff worked for Defendant for twenty-three years as a garbage truck driver and loader. After he was injured on two separate occasions, Plaintiff filed two claims for workers' compensation benefits. The ALJ awarded Plaintiff permanent partial disability benefits, applying the three-multiple from Ky. Rev. Stat. 342.730(1)(c)(1) to the benefits for both injuries. The Workers' Compensation Board affirmed. The court of appeals affirmed. The Supreme Court affirmed, holding that the ALJ's award was supported by substantial evidence. View "Apple Valley Sanitation, Inc. v. Stambaugh" on Justia Law