Legal Opinion · Dissent

Hall Contracting of Kentucky Inc. v. Huff

Court of Appeals of Kentucky

Decided September 18, 2015No. 2015-CA-000375-WCPublished

1Dissent

VANMETER, JUDGE,

DISSENTING.

I respectfully dissent. In my view, the majority opinion overstates or misapplies the ability of the Workers’ Compensation Board to review the factual findings of the Administrative Law'Judge. I acknowledge the oft-stated standard of review for the appellate- courts of a workers’ compensation decision “is to correct the [Workers’ Compensation] Board only where the Court perceives the Board has overlooked or misconstrued controlling statutes or precedent, or committed án error in assessing the evidence so flagrant as to cause gross injustice.” E.g., Western Baptist…

2Cases cited16 opinions

  1. Western Baptist Hospital v. KellyKentucky Supreme Court · 1992
  2. Special Fund v. FrancisKentucky Supreme Court · 1986
  3. Phil Hollenbach Co. v. HollenbachCourt of Appeals of Kentucky · 1918
  4. McCloud v. Beth-Elkhorn CorporationCourt of Appeals of Kentucky (pre-1976) · 1974
  5. Gray v. TrimmasterKentucky Supreme Court · 2005

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