Legal Opinion · Dissent

Kentucky Retirement Systems v. West

Kentucky Supreme Court

Decided August 29, 2013No. 2011-SC-000471-DGPublished

1DissentScott, J.

I must respectfully dissent from the majority’s opinion, for reasons that it unteth-ers “pre-existing diseases and conditions” from its intended foundation. Moreover, it implicitly, if not directly, overrules our own unanimous precedent from two years ago, Kentucky Ret. Sys. v. Brown, 336 S.W.3d 8, 15 (Ky.2011)(“We do not believe it the intent of the legislature in drafting KRS 61.600 to deny benefits to those individuals who suffer from unknown, dormant, asymptomatic diseases at the time of their employment-”). This untethering will hurt innocent working people who were otherwise honestly…

2Cases cited16 opinions

  1. Deborah Kent v. Richard S. Schweiker, Secretary, Department of Health and Human ServicesCourt of Appeals for the Third Circuit · 1983
  2. Kentucky State Racing Commission v. FullerCourt of Appeals of Kentucky (pre-1976) · 1972
  3. McManus v. Kentucky Retirement SystemsCourt of Appeals of Kentucky · 2004
  4. Blankenship v. Lloyd Blankenship Coal Co.Court of Appeals of Kentucky (pre-1976) · 1970
  5. Mutual Hospital Insurance, Inc. v. KlapperIndiana Court of Appeals · 1972

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API