Livingston County Farm Supply, Inc. v. Spencer

LUKOWSKY, Justice.

The question presented is whether future benefits payable pursuant to a workmen’s compensation award to continue during disability may be commuted to a lump sum for the purpose of the payment of the fee of the attorney for the claimant (KRS 342.320) or other benefit of the claimant (KRS 342.-150) without violating either the United States or Kentucky constitutions. The Court of Appeals answered the question yes. We agree.

The employers and the Special Fund submit that the commutation of sufficient final payments of the compensation awarded inherently involves such an undue…