12/18/2020
Wright performed logging operations and ran a sawmill in Pike County for the purpose of supplying timber to local coal mines. Meade who had an eleventh-grade education had worked for Wright since 1996 in various capacities. On March 4 2003 Meade formed a partnership known as K & J Contractors with
Category: Cases
12/18/2020
Supreme Court of Kentucky
No. 2006-SC-000850-WC
May 24 2007
KIM PIKE APPELLANT
v.
FAMILY DOLLAR STORE HON. HOWARD E. FRASIER AND ADMINISTRATIVE LAW JUDGE AND WORKERS' COMPENSATION BOARD APPELLEES
APPEAL FROM COURT OF APPEALS 2006-CA-001414-WC
Category: Cases
12/18/2020
THE COURT OF APPEALS OF THE STATE OF KENTUCKY
No. 2006-CA-001414-WC
October 27 2006
KIM PIKE APPELLANT
v.
FAMILY DOLLAR STORE; HON. HOWARD E. FRASIER ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD APPELLEES
PETITION FOR REVIEW OF A DECISION OF THE
Category: Cases
12/18/2020
an ALJ is free to apply the subsection that is more appropriate under the facts. In Adkins v. Pike County Board of Education 141 S.W.3d 387 390 Ky. App. 2004 the court pointed out that the likelihood of being able to continue performing the post-injury job may be one of several factors
Category: Cases
12/18/2020
subsequently in Adkins v. Pike County Board of Education 141 S.W. 3d 387 Ky. App. 2004 that the Fawbush analysis includes a broad range of factors only one of which is the ability to perform the current job. The standard for the decision is whether the injury has permanently altered the worker's ability
Category: Cases
12/18/2020
KRS 342. 7301c1 to be appropriate because overwhelming evidence indicated that the worker would be unable to continue in the employment indefinitely.
The court explained subsequently in Adkins v. Pike County Board of Education 141 S.W.3d 387 Ky. App. 2004 that the Fawbush analysis
Category: Cases
12/18/2020
Francesca L. Maggard Lewis and Lewis Law Offices 151 E. Main Street Ste. 100 P.O. Box 800 Hazard KY 41702-0800
Counsel For Appelleecross-appellant Bernard J. Blau Jolly Blau Kriege & Turner 3699 Alexandria Pike P.O. Box 249 Cold Spring KY 41076
TO BE PUBLISHED
Category: Cases
12/18/2020
claim was required by statute to avoid an insurer's liability in Pike v. Gas Service Co. 223 Kan. 408 409 573 P.2d 1055 1978. However a statutory change in 1993 resulted in insurers no longer being required to show prejudice to avoid liability for such claims. See Injured Workers of Kansas v
Category: Cases
12/18/2020
Ala. Civ. App. 2001 quoting Ex parte Pike County Comm'n 740 So.2d 1080 1083 Ala. 1999 internal citations omitted in Walker; see also Kohler Co. 921 So. 2d at 444-45 Ala. Civ. App. 2005 applying the last-injurious-exposure rule to successive employers as opposed to insurance carriers
Category: Cases
12/18/2020
court in Ex parte Pike County Commission 740 So. 2d 1080 1084 Ala. 1999 quoting 1 Arthur Larson & Lex K. Larson Larson's Workers' Compensation Law 13.00 1998 "When determining whether a successive injury is compensable the general rule is that when the primary injury is shown to have
Category: Cases