Southern Ky. Concrete Contractors v. Campbell

8 Citing cases

  1. Hale v. CDR Operations, Inc.

    474 S.W.3d 129 (Ky. 2015)   Cited 22 times
    In Hale, the Supreme Court addressed the issues of apportionment and the date of manifestation in a cumulative trauma injury claim.

    Relying on Dr. Madden, the administrative law judge (“ALJ”) concluded that Hale sustained cumulative trauma injuries which became manifest on February 7, 2012, while he was employed at CDR, and that he was permanently and totally disabled. Although the Workers' Compensation Board (“Board”) noted that the ALJ's determination was consistent with Dr. Madden's opinion, it vacated and remanded, concluding that February 7, 2012, could not be the date of manifestation and that Southern Kentucky Concrete Contractors, Inc. v. Horace W. Campbell, 662 S.W.2d 221 (Ky.App.1983), required apportionment of liability based upon the percentage of Hale's impairment attributable to the three months he worked at CDR. The Court of Appeals affirmed.

  2. O.K. Precision Tool Die Co. v. Wells

    678 S.W.2d 397 (Ky. 1984)   Cited 7 times

    However, Haycraft v. Corhart Refractories does not mandate that the employer for whom the employee is working at the time the disability from a gradual type of injury manifests itself is "at risk" for the entire award where, as here, the last employer was not the only employer. The interpretation of Haycraft found in another recent Court of Appeals case differently decided, Southern Ky. Concrete Contractors v. Campbell, Ky.App., 662 S.W.2d 221 (1983), providing for apportionment in this situation, is correct. Haycraft involved a gradual type of injury occurring over many years of employment, but the entire period of employment was with the same employer. For this reason the employer was liable for all disability "attributable to the work."

  3. CDR Operations, Inc. v. Hale

    NO. 2013-CA-001030-WC (Ky. Ct. App. Jan. 31, 2014)

    But the Board reversed entirely appropriately on the grounds that the ALJ had applied the wrong legal standard to the facts: firstly, by choosing as the date of manifestation the day that Hale was laid off, rather than the day he discovered his work-related injury, and secondly, by assessing all liability for Hale's injury to CDR, rather than apportioning what percentage of his injury, if any, was attributable to his three months of employment there. The Board's reasoning was correct as a matter of law under Southern Kentucky Concrete Contractors, Inc. v. Campbell, 662 S.W.2d 221, 222-23 (Ky. App. 1983), which stands for the proposition that liability should be apportioned to the employer based upon the percentage of disability attributable to the work performed by the employee while in the employ of that company. CDR argues that the Board should have dismissed Hale's case because there was no objective medical evidence that the three months of his employment with CDR resulted in any harmful change or injury whatsoever.

  4. MS Cos. v. Hawk

    No. 2023-SC-0040-WC (Ky. Dec. 14, 2023)

    Based upon Hawk returning to the same assembly line performing job duties requiring repetitive use and manipulation of his hands/wrists/fingers like his job in November 2016, Express argued that under Kentucky case law, MS would be liable for the entire award of benefits for Hawk's alleged cumulative trauma as it was Hawk's most recent employer exposing Hawk to the kind of injurious activities which allegedly caused his cumulative trauma condition. Express cited Hale v. CDR Operations, Inc., 474 S.W.3d 129 (Ky. 2015); Hill v. Sextet Mining Corp., 65 S.W.3d 503 (Ky. 2001); Alcan Foil Prods. v. Huff, 2 S.W.3d 96 (Ky. 1999); Special Fund v. Clark, 998 S.W.2d 487 (Ky. 1999); O.K. Precision Tool & Die Co. v. Wells, 678 S.W.2d 397 (Ky. 1984); and Southern Kentucky Concrete Contractors, Inc. v. Campbell, 662 S.W.2d 221 (Ky. App. 1983), in support of its motion. It is unclear from the record whether any service was made upon MS.

  5. Commonwealth Cent. State Hosp. v. Gray

    880 S.W.2d 557 (Ky. 1994)   Cited 18 times

    The 1987 Special Session was, in part, an attempt to deal with the escalating and unfunded liability of the Special Fund. At that time KRS 342.1202 was enacted in an apparent response to judicial decisions which had shifted liability from the employer to the Special Fund, particularly in cumulative trauma and gradual injury cases as well as in heart attack cases. Haycraft v. Corhart Refractories, Ky., 544 S.W.2d 222 (1976); Wells v. Boyd, Ky.App., 715 S.W.2d 906 (1986); Southern Kentucky Concrete Contractors, Inc. v. Campbell, Ky.App., 662 S.W.2d 221 (1983); OK Precision Tool Die v. Wells, Ky., 678 S.W.2d 397 (1984); Wells v. Bailey, Ky.App., 698 S.W.2d 841 (1985); Stovall v. Dal-Camp, Inc., Ky.App., 669 S.W.2d 531 (1984). In fact, in Dal-Camp, the Court recognized the effect of its decision and explicitly encouraged the legislature to review the issue of apportionment in heart attack cases.

  6. Derr Construction Co. v. Bennett

    873 S.W.2d 824 (Ky. 1994)   Cited 18 times
    In Derr Construction Co. v. Bennett, Ky., 873 S.W.2d 824 (1994), a portion of the claimant's disability was found noncompensable.

    The remaining 60% was deemed to be compensable. Because claimant had worked for the employer herein for 8 weeks out of his 1,118 week career, the compensable disability was apportioned 0.43% to the employer and 59.57% to the Special Fund. O.K. Precision Tool and Die v. Wells, Ky., 678 S.W.2d 397 (1984); Southern Kentucky Concrete Contractors v. Campbell, Ky.App., 662 S.W.2d 221 (1983). Based on the belief that physical and vocational rehabilitation would result in a decrease in claimant's occupational disability, the ALJ ordered a rehabilitation evaluation.

  7. Austin Powder Co. v. Stacy

    NO. 2014-CA-000918-WC (Ky. Ct. App. May. 20, 2016)

    The Board went on to find that Stacy's and Dr. Jones's testimony constituted substantial evidence to support the award of medical benefits for his hearing loss claim and that the argument related to the award of total disability benefits was moot. Citing Kentucky Revised Statutes (KRS) 342.285(2) as authority, the Board spent the remainder of the opinion addressing two issues that were not raised by any of the parties or decided by the ALJ; namely, the date of manifestation of Stacy's cumulative trauma claim and the percentage of his disability that could be assigned to Austin Powder pursuant to Southern Kentucky Concrete Contractors, Inc., v. Campbell, 662 S.W.2d 221 (Ky. App. 1983). The Board remanded for further findings on both issues.

  8. Island Creek Coal Co. v. Buckman

    714 S.W.2d 503 (Ky. Ct. App. 1986)   Cited 1 times
    In Island Creek Coal Co. v. Buckman, Ky.App., 714 S.W.2d 503 (1986), the Court of Appeals concluded that Dal-Camp was limited to heart attack cases.

    In its order, the Board noted that the claimant's work history of arduous manual labor contributed to his degenerative disc disease process. Southern Ky. Concrete Contractors v. Campbell, Ky.App., 662 S.W.2d 221 (1983), and Haycraft, supra, approved such reasoning. Furthermore, the Board's finding on apportionment is not easily disturbed.