Legal Opinion · Dissent

Granger v. Louis Trauth Dairy

Kentucky Supreme Court

Decided December 16, 2010No. 2010-SC-000253-WCPublished

1DissentScott, J.

I must respectfully dissent as the majority’s holding — barring Appellant’s claim on the basis the notice was untimely — fails to give due consideration to the “mistake or *300other reasonable cause” provision of KRS 342.200. In my opinion, such a restrictive view disregards the General Assembly’s mandate that “all statutes of this state shall be liberally construed” to accomplish “the intent of the legislature.” KRS 446.080(1). “This principle of protecting the interests of the injured worker is a basic tenet of workers’ compensation law.” Ronald W. Eades, 18 Ky. Prac., Workers’ Comp. § 1:3…

2Cases cited4 opinions

  1. Firestone Textile Co. Division v. MeadowsKentucky Supreme Court · 1983
  2. Purchase Transportation Services v. Estate of WilsonKentucky Supreme Court · 2001
  3. Proctor & Gamble Manufacturing Co. v. LittleCourt of Appeals of Kentucky · 1962
  4. Trico County Development & Pipeline v. SmithKentucky Supreme Court · 2008

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