Steve Black v. Dixie Consumer Prods.

The majority would bestow upon this Circuit the dubious distinction of becoming the first circuit -in the nation to hold that a denial of an affirmative defense of state workers’ compensation immunity is immediately appealable. In its apparent eagerness to reach the merits, the majority ignores the plain language of the Kentucky Workers’ Compensation Act, overlooks a *587substantial body of case law construing the statute, and fails to heed the stern and frequent cautions of the United States Supreme Court that the “narrow” rule allowing appeals from a small class of non-final orders “should stay…