Kentucky

WORKERS COMP: Pre-existing dormant condition -- COMAIR, INC. V. HELTON (COA 11/14/2008)

By Michael Stevens

COMAIR, INC. V. HELTON
WORKERS COMP:  Pre-existing dormant condition
2007-CA-002332
PUBLISHED: AFFIRMING
PANEL: NICKELL PRESIDING; CLAYTON, TAYLOR CONCUR
DATE RENDERED: 11/14/2008

The primary issue in this appeal was whether the Board erred in reversing the ALJ?s decision to not award benefits for a pre-existing condition. The Board?s decision pointed out that while everyone agrees that there was a pre-existing condition in Mr. Helton?s knee, no witness testified that it was an active condition or that it was a ratable condition before the work injury. Helton?s witness said it was a dormant condition. The COA noted that dormant conditions aroused by a work injury have been compensable in Kentucky since 1924. The defense had the burden of proving a pre-existing condition that was active and ratable immediately prior to the work injury. Since the defense doctors did not address those issues, and the other testimony was that the pre-existing condition was dormant, the evidence compelled a finding in Helton?s favor. The COA held that the board was correct in reversing the ALJ.

By Jeffery A. Roberts 

Full post as published by Kentucky Cases on December 23, 2008 (boomark / email).