Apex Mining v. Blankenship

OPINION OF THE COURT

In addition to questions of evidence, this appeal concerns two matters of first impression: 1.) whether, upon proof of the requisite facts, an injured worker is entitled to receive the 15% penalty authorized by KRS 342.165 in addition to income benefits for total disability, and 2.) whether the violation of KRS 338.031 which occurred in this case constitutes a safety violation for the purposes of KRS 342.165.

Claimant was permanently disabled as a result of an accident which occurred while he was operating a road grader, and an award of benefits for total disability was…