Capps v. Herman Schwabe, Inc.

MEMORANDUM OPINION

MEREDITH, District Judge.

This indemnity action presents the Court with a most important question concerning Kentucky Workers’ Compensation law: Whether an employer’s liability to indemnify a third-party tortfeasor is limited by Kentucky Revised Statute 342.690(1) to the amount of workers’ compensation benefits payable by the employer to the injured employee?

The Kentucky Supreme Court had previously reserved this question in Burrell v. Electric Plant Board of Franklin, Ky., 676 S.W.2d 231, 237 (Ky.1984), since the issue was not properly before the Court. The question is…