NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.
Jurisdiction
of Injured Employee's Claim
Letcher County Board of
Education v. Hall, (2022-SC-0313-WC, 6/15/23) not final
Teacher filed WC claim alleging he developed mesothelioma after being exposed
to asbestos during his employment in county high school. County School Board
argued that the Board of Claims, not Department of Workers’ Claims, had
exclusive jurisdiction over the claim under KRS 49.070(16) which states that
“any claim” against the school district for damages as a result of asbestos
exposure shall be brought before Board of Claims. Rejecting this argument, the
Supreme Court of Kentucky concluded that KRS 49.070(16) pertains to claims by
third parties, not employees. The Court cited the purpose of the Workers’
Compensation Act to compensate injured workers for loss sustained as a result
of work-related injury or disease as well as its exclusivity. Furthermore, the Court
pointed out that KRS 49.020(5) requires the Board of Claims to find negligence
while the Workers’ Compensation Statute requires no showing of fault.
Should you have any questions or wish to discuss any related matters, please
contact us at your convenience.
H. Douglas Jones, Esq. – djones@jsbattorneys.com, 859.594.4200
Margo Menefee, Esq. – mmenefee@jsbattorneys.com, 859.594.4200