Kentucky

Workers Comp: University evaluation ordered after claim submitted -- T.J. Maxx v. Christine L. Blagg (SC 12/18/2008)

By Michael Stevens

T.J. Maxx v. Christine L. Blagg
Workers Comp:  University evaluation ordered after claim submitted
Questions Presented: KRS 342.315. Whether the ALJ erred by ordering a university evaluation after a claim had been submitted for a decision. 
2007-SC-000939-WC.pdf
REVERSING AND REMANDING
OPINION OF THE COURT
Court of Appeals; ALJ John B. Coleman
Date Rendered: 12/18/2008

Memorandum opinion of the court; all sitting, all concur. After the ALJ had already taken a worker?s compensation claim under submission, he ordered claimant to undergo a university evaluation stating that the evidence was ?in great conflict.? The employer objected, arguing that the ALJ?s order established that the claimant had failed to meet her burden of proof. In reversing, the Supreme Court held that while KRS 342.315 permits referral for a university evaluation whenever a medical issue is at question, the statute ?evinces no intent to depart from regulations governing the taking of proof.? The Supreme Court remanded the case with instructions for the ALJ to make a decision based on the evidence of record at the time it took the claim under submission. 

Digest from SC Case Monthly Summary Report for December 2008

Full post as published by Kentucky Cases on January 28, 2009 (boomark / email).