Commonwealth, Transportation Cabinet v. Guffey

OPINION OF THE COURT

This workers’ compensation appeal raises a number of questions with regard to the proper application of certain December 12, 1996, amendments to the Act. They concern whether there was substantial evidence to support an award of permanent total disability as defined by KRS 342.0011(ll)(c); whether an exclusion for the “natural aging process” was required; whether the evidence compelled an order of rehabilitation; and whether KRS 342.320(2)(e) denies equal protection of the law to employers who unsuccessfully appeal a decision in the claimant’s favor.

The claimant was born…