Hornback v. Hardin Memorial Hospital

OPINION OF THE COURT

Patricia Hornback requests this Court reverse an opinion of the Court of Appeals, which held that she was not entitled to an enhancement of her workers’ compensation award pursuant to KRS 342.165(1), which penalizes an employer for an intentional failure to follow a safety protocol. She makes the following arguments on appeal: (1) that her employer, Hardin Memorial Hospital (“Hardin”), is barred from raising certain issues on appeal because it failed to ask the Administrative Law Judge (“ALJ”) for further findings of fact; (2) that the ALJ’s finding that a safety procedure…