Legal Opinion

Western Baptist Hospital v. Kelly

Kentucky Supreme Court

Decided April 9, 1992No. 91-SC-570-WC, 91-SC-576-WCPublishedCited by 381 opinions

1Opinion of the Court

LEIBSON, Justice.

The Administrative Law Judge (AU) denied Faye Kelly’s claim for disability benefits from a neck injury allegedly occurring May 31, 1985. The AU held that Ms. Kelly failed to sustain the burden of proving the work-relatedness of her injury.

Ms. Kelly appealed the AU’s decision to the Workers’ Compensation Board (WCB). In a 12-page opinion, after a careful review of the testimony introduced at the trial level, the WCB reversed and remanded, having concluded that in this particular case the question resolved itself to one of “causal relationship ... not readily apparent to a…

2Cases cited3 opinions

  1. Special Fund v. FrancisKentucky Supreme Court · 1986
  2. Vessels Ex Rel. Vessels v. Brown-Forman Distillers Corp.Kentucky Supreme Court · 1990
  3. Osborne v. Pepsi-ColaKentucky Supreme Court · 1991

3Cited by381 opinions

  1. Whittaker v. RowlandKentucky Supreme Court · 1999
  2. Bowerman v. Black Equipment Co.Court of Appeals of Kentucky · 2009
  3. Hall v. Hospitality Resources, Inc.Kentucky Supreme Court · 2008
  4. Cepero v. Fabricated Metals Corp.Kentucky Supreme Court · 2004
  5. Halls Hardwood Floor Co. v. StapletonCourt of Appeals of Kentucky · 2000

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