Legal Opinion

Scott v. Aep Kentucky Coals, LLC

Court of Appeals of Kentucky

Decided June 30, 2006No. 2005-CA-002486-WCPublishedCited by 4 opinions

1Opinion of the Court

OPINION

McANULTY, Judge.

Franklin Scott appeals from an opinion of the Workers’ Compensation Board. The Board held that Scott could not receive additional benefits upon reopening his claim for worsening of pneumoconiosis because he had no additional exposure to coal dust since filing an earlier petition to reopen. Scott argues on appeal that the statutes on which the Board based its opinion are unconstitutional because they fail to provide due process and equal protection of the laws, and that they were applied too narrowly to the circumstances of his case. In addition, Scott argues that the…

2Cases cited5 opinions

  1. Western Baptist Hospital v. KellyKentucky Supreme Court · 1992
  2. Goodwin v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1948
  3. Commonwealth v. DLX, Inc.Kentucky Supreme Court · 2001
  4. Slone v. R & S MINING, INC.Kentucky Supreme Court · 2002
  5. Homestead Nursing Home v. ParkerCourt of Appeals of Kentucky · 1999

3Cited by4 opinions

  1. Austin Powder Co. v. StacyCourt of Appeals of Kentucky · 2016
  2. Beryl Russell v. Jonathan WeatherbyCourt of Appeals of Kentucky · 2021
  3. O'Reilly Automotive Stores, Inc. v. Tony ErnspikerCourt of Appeals of Kentucky · 2021
  4. Stephen Flynn v. Buyers Paradise Furniture, Inc.Court of Appeals of Kentucky · 2020

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