Miller v. East Kentucky Beverage/Pepsico, Inc.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which affirmed a decision of the Workers’ Compensation Board affirming the opinion of the Administrative Law Judge.

The questions presented are whether it is unconstitutional to allow the Board and the Commissioner not to have in place a set of guidelines or disability criteria by which the ALJs are to implement KRS 342.0011(11); whether the standard of review of substantial evidence and compelling evidence is constitutionally deficient; and whether the ALJ’s decision must be reversed as a manifest injustice.

Miller…