Blackstone Mining Co. v. Travelers Insurance Co.

I must necessarily dissent from the majority’s opinion because the opinion endangers the financial footing of the Kentucky Workers’ Compensation Act (“Act”), KRS 342.0011, et seq., in that it misperceives the evidentiary basis necessary under Steelvest, Inc. v. Scansteel Serv. Ctr., Inc., 807 S.W.2d 476 (Ky.1991) and its progeny, for a finding that an employee has voluntarily rejected coverage under the Act. In fact, the evidentiary basis for a summary judgment finding that an employee has voluntarily rejected coverage under the Act is much greater than the majority surmises and cannot be met…