Morsey, Inc. v. Frazier

OPINION OF THE COURT

KRS 342.730(4) requires all income benefits payable to spouses and dependents of deceased workers to terminate “when such spouses and dependents qualify for Social Security benefits by reason of the fact that the worker upon whose earnings entitlement is based would have qualified for normal old-age Social Security retirement benefits.”

An Administrative Law Judge (ALJ) determined that Daniel Frazier’s death was work-related and that KRS 342.730(4) requires Cynthia Frazier’s income benefits to terminate on the date that Daniel would have turned age 66. The Workers’…