Gordon v. NKC Hospitals, Inc.

LAMBERT, Justice.

The decisive issue here is whether a potential, but unasserted, defense under the exclusiveness of liability provision of the Workers’ Compensation Act, KRS 342.690, deprives a circuit court of subject matter jurisdiction of a claim otherwise properly before it, thus rendering its final judgment subject to vacation upon motion pursuant to CR 60.02. Despite appellee’s failure to raise any Workers’ Compensation defense until after a notice of appeal had been filed from an adverse final judgment, the Court of Appeals held that raising the issue pursuant to CR 60.02 was a…