Legal Opinion

Tokico (USA), Inc. v. Kelly

Kentucky Supreme Court

Decided April 29, 2009No. 2008-SC-000480-WCPublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

An Administrative Law Judge (ALJ) found that the claimant sustained a 39% combined permanent impairment rating for a work-related right arm injury and resulting psychological condition. The Workers’ Compensation Board and the Court of Appeals affirmed. Appealing, the employer asserts that the ALJ awarded benefits erroneously for a condition that was not diagnosed in accordance with the Fifth Edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment (Guides), for deficits that were not assessed in accordance with the Guides, and for an…

2Cases cited3 opinions

  1. Jones v. Brasch-Barry General ContractorsCourt of Appeals of Kentucky · 2006
  2. Kentucky River Enterprises, Inc. v. ElkinsKentucky Supreme Court · 2003
  3. W.L. Harper Construction Co. v. BakerCourt of Appeals of Kentucky · 1993

3Cited by14 opinions

  1. Brown v. W.T. Martin Plumbing & Heating, Inc.Supreme Court of Vermont · 2013
  2. Miller v. Go Hire Employment Development, Inc.Court of Appeals of Kentucky · 2015
  3. Pella Corp. v. BernsteinKentucky Supreme Court · 2011
  4. Brown v. W.T. Martin Plumbing & Heating, Inc.Supreme Court of Vermont · 2013
  5. Brown v. W.T. Martin Plumbing & Heating, Inc.Supreme Court of Vermont · 2013

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