Brown Badgett, Inc. v. Calloway, No. 83-SC-795-DG

CourtUnited States State Supreme Court (Kentucky)
Writing for the CourtSTEPHENSON
Citation675 S.W.2d 389
PartiesBROWN BADGETT, INC., Movant, v. Landon A. CALLOWAY, Workers' Compensation Board, Respondent.
Decision Date13 September 1984
Docket NumberNo. 83-SC-795-DG

Page 389

675 S.W.2d 389
BROWN BADGETT, INC., Movant,
v.
Landon A. CALLOWAY, Workers' Compensation Board, Respondent.
No. 83-SC-795-DG
Supreme Court of Kentucky.
Sept. 13, 1984.

Page 390

William P. Swain, Larry L. Johnson, Boehl, Stopher, Graves & Deindoerfer, Louisville, for movant.

Joseph H. Kelley, Monhollon, Bruce & Kelley, Greenville, for respondent.

STEPHENSON, Justice.

The trial court entered judgment in a KRS 342.305 proceeding to enforce the medical portion of an award of the Workers' Compensation Board. The Court of Appeals affirmed the judgment of the trial court. We granted discretionary review and reverse.

A narrow question of jurisdiction was presented to the trial court and was the sole argument before the Court of Appeals.

As background, Calloway received a disability award from the Workers' Compensation Board. The opinion and award stated the usual requirement that the employer pay hospital, medical, etc. bills as may be reasonably required for the cure and relief from the effects of the injury. Sometime after the disability award became final, Calloway submitted to Brown Badgett a bill for medical services from a Dr. West. Brown Badgett declined to pay the bill on the ground that it would be payment for an "expert witness fee" and not for reasonably necessary treatment of the injury. It was then that Calloway filed a proceeding pursuant to KRS 342.305 claiming that the medical bill was for treatment.

Brown Badgett filed a motion to dismiss the proceeding on the ground that the circuit court did not have jurisdiction to hear the issue. The trial court denied the motion and entered judgment. The Court of Appeals' opinion disposed of the assertion of lack of jurisdiction by stating that Brown Badgett "is nonetheless not in position to argue that error occurred because it never raised the issue of the reasonableness and compensability of West's medical fees before the Board." The Court of Appeals relied upon Patterson v. Appalachian Regional Hospital, Inc., Ky., 419 S.W.2d 562 (1967). We have examined Patterson and are of the opinion it is not authority for the expressed proposition in the Court of Appeals' opinion.

Patterson involved an attempted proceeding to set an attorney fee equal to 20% of the award and medical expenses. The Board declined to pass upon the reasonableness of hospital and medical fees. We observe that the reasonableness of the fee was not questioned. We further observed that it is within the power...

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14 practice notes
  • Travelers Indem. Co. v. Reker, No. 2000-SC-0846-DG.
    • United States
    • United States State Supreme Court (Kentucky)
    • January 23, 2003
    ...intent to eliminate any tort remedy for injuries sustained by an illegally employed minor). In Brown Badgett, Inc. v. Calloway, Ky., 675 S.W.2d 389 (1984), we held that a circuit court has no jurisdiction to resolve a dispute over an unpaid medical bill; the Workers' Compensation Board has ......
  • Zurich Ins. Co. v. Mitchell, Nos. 85-SC-643-D
    • United States
    • United States State Supreme Court (Kentucky)
    • June 12, 1986
    ...can be presented quickly and appropriate relief granted, if required, by the Board or courts. Brown Badgett, Inc. v. Calloway, Ky., 675 S.W.2d 389 (1984) holds that Chapter 342 gives the Board exclusive jurisdiction to determine the reasonableness of medical expenses claimed under its award......
  • Shamrock Coal Co., Inc. v. Maricle, 98-SC-0664-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • November 18, 1999
    ...are jurisdictional. See, e.g., Zurich Insurance Company v. Mitchell, Ky., 712 S.W.2d 340 (1986); Brown Badgett, Inc v. Calloway, Ky., 675 S.W.2d 389 (1984); Simmons v. Clark Construction Company, Ky., 426 S.W.2d 930 (1968); Davis v. Solomon, Ky., 276 S.W.2d 674 (1955); Mary Helen Coal Corpo......
  • Hampton v. Intech Contracting, LLC, 2018-SC-000611-DG
    • United States
    • United States State Supreme Court (Kentucky)
    • August 29, 2019
    ...immunity is extensive, ranging from disputes over the payment for injuries of the employee, Brown Badgett, Inc. v. Calloway, 675 S.W.2d 389 (Ky. 1984), to allegations of tortious conduct related to dealing with the workers' compensation claim itself.").We disagree with the Court of App......
  • Request a trial to view additional results
14 cases
  • Travelers Indem. Co. v. Reker, No. 2000-SC-0846-DG.
    • United States
    • United States State Supreme Court (Kentucky)
    • January 23, 2003
    ...intent to eliminate any tort remedy for injuries sustained by an illegally employed minor). In Brown Badgett, Inc. v. Calloway, Ky., 675 S.W.2d 389 (1984), we held that a circuit court has no jurisdiction to resolve a dispute over an unpaid medical bill; the Workers' Compensation Board has ......
  • Zurich Ins. Co. v. Mitchell, Nos. 85-SC-643-D
    • United States
    • United States State Supreme Court (Kentucky)
    • June 12, 1986
    ...can be presented quickly and appropriate relief granted, if required, by the Board or courts. Brown Badgett, Inc. v. Calloway, Ky., 675 S.W.2d 389 (1984) holds that Chapter 342 gives the Board exclusive jurisdiction to determine the reasonableness of medical expenses claimed under its award......
  • Shamrock Coal Co., Inc. v. Maricle, 98-SC-0664-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • November 18, 1999
    ...are jurisdictional. See, e.g., Zurich Insurance Company v. Mitchell, Ky., 712 S.W.2d 340 (1986); Brown Badgett, Inc v. Calloway, Ky., 675 S.W.2d 389 (1984); Simmons v. Clark Construction Company, Ky., 426 S.W.2d 930 (1968); Davis v. Solomon, Ky., 276 S.W.2d 674 (1955); Mary Helen Coal Corpo......
  • Hampton v. Intech Contracting, LLC, 2018-SC-000611-DG
    • United States
    • United States State Supreme Court (Kentucky)
    • August 29, 2019
    ...immunity is extensive, ranging from disputes over the payment for injuries of the employee, Brown Badgett, Inc. v. Calloway, 675 S.W.2d 389 (Ky. 1984), to allegations of tortious conduct related to dealing with the workers' compensation claim itself.").We disagree with the Court of App......
  • Request a trial to view additional results

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