Legal Opinion · Concurrence

Hall Contracting of Kentucky Inc. v. Huff

Court of Appeals of Kentucky

Decided September 18, 2015No. 2015-CA-000375-WCPublished

1Concurrence

NICKELL, JUDGE,

CONCURRING:

Respectfully, I •¡concur with the majority. However, I write separately tb provide further explanation.

Though vigilantly respectful of the prohibition against substituting an appellate court’s factual findings for those of the trier, here, “when the curtain of conclusions and abstract contentions is removed, there is no substantial conflict in the evi*815dence” and the question is clearly one of law. Ratliff v. Redmon, 396 S.W.2d 320, 327 (Ky. 1966). While the General Assembly no longer requires, liberal construction of the Workers’ Compensation Act (Act), our judiciary…

2Cases cited13 opinions

  1. Phil Hollenbach Co. v. HollenbachCourt of Appeals of Kentucky · 1918
  2. Revenue Cabinet v. O'DANIELKentucky Supreme Court · 2005
  3. Ratliff v. RedmonCourt of Appeals of Kentucky (pre-1976) · 1965
  4. Tyler-Couch Const. Co. v. ElmoreCourt of Appeals of Kentucky (pre-1976) · 1954
  5. Kentucky Uninsured Employers' Fund v. HoskinsKentucky Supreme Court · 2014

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