Kentucky

WORKERS COMPENSATION: Future Medical Treatment without permanent impairment: WHITE v. GREAT CLIPS (COA 7/18/2008)

By Michael Stevens

WHITE       v. GREAT CLIPS
      WORKERS COMPENSATION:  Future Medical Treatment without permanent impairment
      2007-CA-001855
PUBLISHED: AFFIRMING IN PART, VACATING IN PART, AND REMANDING
      PANEL:  THOMPSON PRESIDING; TAYLOR, BUCKINGHAM CONCUR
      WORKERS COMPENSATION BOARD
      DATE RENDERED: 7/18/2008

The ALJ found that the claimant's upper and lower back injuries caused her no permaent impairment, but awarded future medical treatment for those conditions.  The claim for upper back injuries was first dismissed, but then upon petition for reconsideration the ALJ ordered future medical benefits based on that condition.  That award was reversed by the workers' compensation board because it impermissibly reconsidered the merits of the claim.  The Court of Appeals found that there were insufficient findings of fact to show whether the injury caused a temporary or a permanent exacerbation of the underlying degenerative disc condition in the low back and remanded for further findings of fact.  This particular ALJ has resigned, so another ALJ will have to address the orders of the Court of Appeals and Workers' Compensation Board.

Digested by Peter Naake

Full post as published by Kentucky Cases on September 29, 2008 (boomark / email).