Legal Opinion

TJ MAXX v. Blagg

Kentucky Supreme Court

Decided December 18, 2008No. 2007-SC-000939-WCPublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

The Workers’ Compensation Board vacated the opinion and order that dismissed this claim on the ground that the Administrative Law Judge (ALJ) relied on an invalid university evaluation. The Court of Appeals affirmed. Appealing, the employer argues: 1.) that the ALJ erred by ordering an evaluation after the claim was submitted for a decision; and 2.) that the Board usurped the ALJ’s function by finding Dr. Goldman not to be a valid university evaluator. We reverse and remand for further proceedings. KRS 342.315 permits a university evaluation whenever a medical question is…

2Cases cited2 opinions

  1. Magic Coal Co. v. FoxKentucky Supreme Court · 2000
  2. Morrison v. Home DepotKentucky Supreme Court · 2006

3Cited by1 opinion

  1. Saint Joseph Hospital v. FryeKentucky Supreme Court · 2013

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