Boyd v. C & H Transportation

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals affirming a Workers’ Compensation Board opinion which reversed benefits awarded by an Administrative Law Judge.

The questions presented by Boyd in his appeal to this Court are 1) that failure to plead KRS 342.670(2) as an affirmative defense constitutes a waiver, and 2) the defendants have not met their burden of proof in order to establish a special defense pursuant to KRS 342.670(2).

The employee seeks review from the opinion of the Court of Appeals affirming the opinion of the Workers’ Compensation Board which…