Kem Coal Co. v. Turner

LESTER, Chief Judge.

This is a petition for review of an opinion of the Workers’ Compensation Board affirming the opinion and award of the Administrative Law Judge. The petition deals with a question of law: whether KRS 342.732(1)(a) is constitutional under Section 2 of the Kentucky Constitution in that it denies the employer the right to due process because it is arbitrary and irrational, and under Section 59 of the Kentucky Constitution in that it amounts to special legislation.

We conclude that KRS 342.732(l)(a), the retraining incentive benefit (RIB) statute, is constitutional. In reaching…