Wynn v. Ibold, Inc.

OPINION OF THE COURT

This appeal concerns whether the “tier down” provision contained in the 1994 version of KRS 342.730(4) violates the constitutional protections of due process and equal protection, whether it violates KRS Chapter 344, and whether the provision was applied correctly by the Administrative Law Judge (ALJ).

In affirming the decisions of the Workers’ Compensation Board and the ALJ, the Court of Appeals determined that KRS 342.730(4) was constitutional and did not discriminate against older workers. The Court of Appeals also determined that KRS 342.730(4) provides for annual…