Benson's Inc. v. Fields

OPINION OF THE COURT

This appeal by an employer concerns whether KRS 342.1202(2), the 1994 amendment to KRS 342.1202, was remedial in nature and may be applied retroactively to a claim which arose before its effective date.

Claimant injured her back at work in April, 1993. After reviewing the evidence, the Administrative Law Judge (ALJ) determined that claimant was totally, occupationally disabled as a result of the injury. The ALJ found that, absent claimant’s preexisting psychiatric condition, the subject injury would have caused no permanent occupational disability. The entire occupational…