Workforce Development Cabinet v. Gaines

Dissent by

Special Justice ROYSE.

Respectfully, I dissent. I would reverse the decision of the Court of Appeals because Ms. Gaines failed to satisfy the express statutory prerequisites for initiating an action under KRS 61.102, and thus, the Franklin Circuit Court acted properly in granting summary judgment against her on this statutory cause of action. I believe the interpretation of KRS 61.102 is straightforward under well-established principles of statutory construction.

The basic question before this Court is: Did Ms. Gaines provide the required notice under KRS 61.102, considering that her…