Legal Opinion

Bell v. CONSOL OF KENTUCKY, INC.

Court of Appeals of Kentucky

Decided September 4, 2009No. 2009-CA-000673-WCPublishedCited by 5 opinions

1Opinion of the Court

OPINION

HARRIS, Senior Judge.

Mary Bell, substituted party for Rodney Bell, deceased, filed this petition for review of a decision by the Workers’ Compensation Board, which affirmed the decision of the Administrative Law Judge (ALJ) to reduce the benefit payments by 50% pursuant to KRS 342.730(3). Bell argues that KRS 342.730(3) does not apply to settlement agreements and that the Board should have applied KRS 342.125 and KRS 342.265. The question of whether KRS 342.730(3) applies to settlement agreements appears to be one of first impression. We find that KRS 342.730(3) is applicable to…

2Cases cited2 opinions

  1. Commonwealth Ex Rel. Cowan v. WilkinsonKentucky Supreme Court · 1992
  2. Jude v. CubbageCourt of Appeals of Kentucky · 1952

3Cited by5 opinions

  1. Kentucky Employers' Mutual Insurance Authority, Formerly Kentucky Coal Workers Pneumoconiosis Fund v. Lenville FlemingCourt of Appeals of Kentucky · 2023
  2. Landy Mills v. Nally and Hamilton EnterprisesKentucky Supreme Court · 2017
  3. Landy Mills v. Nally and Hamilton EnterprisesKentucky Supreme Court · 2017
  4. Landy Mills v. Nally and Hamilton EnterprisesKentucky Supreme Court · 2017
  5. Landy Mills v. Nally and Hamilton EnterprisesKentucky Supreme Court · 2017

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