Wolf Creek Collieries v. Crum

MILLER, Judge.

This is a workers’ compensation case. It is an appeal where the circuit court misconstrued its authority to review a decision of the Workers’ Compensation Board (board) under KRS 342.285. The circuit court did not agree with the decision of the board in “denying claimant benefits.” The court then remanded to the board with directions to find facts specified by the court. This is erroneous. The circuit court cannot direct the findings that the board shall make. See Yocom v. Conley, Ky.App., 554 S.W.2d 416 (1977), and Young v. Tackett, Ky., 481 S.W.2d 661 (1972). Nor can it…