Kentucky

Workers Comp: Notice of injury -- Trico County Development & Pipeline v. Scotty Smith (SC 12/18/2008)

By Michael Stevens

Trico County Development & Pipeline v. Scotty Smith
Workers Comp:  Notice of injury
Questions Presented: KRS 342.185(1). Whether notice to an employer's insurance carrier constitutes notice to the employer. 
2007-SC-000556-WC.pdf
AFFIRMING
OPINION OF THE COURT
Court of Appeals; ALJ Grant S. Roark
Date Rendered: 12/18/2008

Memorandum opinion of the Court; all sitting; Chief Justice Minton, Justice Noble and Justice Venters dissent by separate opinion. ALJ dismissed worker?s compensation claim because claimant failed to prove he had given his employer notice of his injury ?as soon as practicable? as required by KRS 342.185. The Supreme Court reversed, holding that the delay was excused under KRS 342.200 since the employer had actual knowledge of the accident via claimant?s contact with employer?s insurance carrier. The dissenting Justices stated that they considered the ALJ?s decision to be reasonable and noted that permitting a worker to bypass the employer by giving notice to the insurance carrier delays the employer?s opportunity to address the problem and prejudices the employer if another worker is injured as a consequence. 

Digest from SC Case Monthly Summary Report for December 2008

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