Legal Opinion · Dissent

American General Life & Accident Insurance Co. v. Hall

Kentucky Supreme Court

Decided March 21, 2002No. 1999-SC-1033-DGPublished

1DissentLambert, Chief Justice

I respectfully disagree with the majority’s conclusion that Appellee waived her right to sue under the Kentucky Civil Rights Act, KRS 344 et seq. The compensation that Appellee received under the Workers’ Compensation Act was for the replacement of her diminished power to earn money. It did not compensate her for damages sustained under the civil rights statute.

The Court of Appeals concluded that Appellee’s “claims under the civil rights *694statute are not barred by her acceptance of a worker’s compensation award.” This conclusion was based on Meyers v. Chapman Printing Co.1 and Hardaway…

2Cases cited6 opinions

  1. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  2. Meyers v. Chapman Printing Co., Inc.Kentucky Supreme Court · 1992
  3. Hardaway Management Co. v. SoutherlandKentucky Supreme Court · 1998
  4. McNeal v. Armour and Co.Court of Appeals of Kentucky · 1983
  5. Collings v. ScheenCourt of Appeals of Kentucky (pre-1976) · 1967

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