Few areas in workers' compensation law are more potentially explosive than "light duty" or "modified duty" situation.
In the "light duty" scenario, the injured worker can resume work, but a physician places limits on what the…more
Employers may be liable for workers' compensation payments even if a worker is disciplined. The Kentucky Court of Appeals very recently decided that a worker who came back on light duty - but was suspended for misconduct -…more
When it comes to resolving disputes, Ohio and Kentucky workers' compensation cases are as different as chalk and cheese. Many issues in Ohio cases are decided by an administrative person who simply reviews records, whereas many…more
After surgery, nurses and doctors often offer a sage piece of advice: Stay ahead of the pain. It's a tried-and-true adage because an ounce of pain reliever now may stave off a bushel of agony later. The same is true in the…more
The Kentucky Workers Compensation Board had added another layer to cases that are called medical-fee disputes. The Board ruled recently in Workman v. Twin Resources, et al. (2005-00744) that all medical-fee disputes must be…more
When an employee is assaulted at the job site, many people rush to the conclusion that a resulting injury is automatically covered by workers' compensation. But as the Gershwin Brothers song cautions us all, it ain't…more
An accident in the company car usually entails workers' compensation coverage and benefits for the driver. However, coverage is not automatic, at least in the Commonwealth of Kentucky. More and more employers and their carriers…more
Kentucky tenants who know their landlords have not repaired a defect had best be careful. According to two Kentucky court rulings, they don't have a blanket license to sue the landlord if they are injured by the defect.
The new session of the Kentucky General Assembly may have to tackle the sticky problem of black-lung benefits for workers' compensation. That is because the Kentucky Supreme Court provided a gift for Kentucky coal miners just…more
You don't have to watch the TV series "The Office" to know about very odd things that can happen in the workplace. Perhaps you've seen employees arm-wrestle each other at work. Maybe you've chased a stapler-thieving co-worker…more
An injured worker is about to return, and the employer arranges to resume the customary job. Yet, the worker shows up with a doctor's note that limits the amount of lifting, standing or bending the worker can do. These…more
It can start as a simple arm strain or neck strain. The strain becomes chronic. The strain aggravates a pre-existing condition, such as a Type II acromion in the shoulder or degenerative disc disease in the spine. The employee…more
Most of us have seen the commercials where the police officer asks, “Sir, have you been drinking?” It’s a question they must consider at every traffic stop. It’s also a question and issue that should be…more
Workers' compensation cases tend to be a headache. So it's understandable when employers shrug them off by funneling comp cases to their insurance adjusters or state/third-party administrators. After all, the easiest way to…more
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