Com., Cent. State Hosp. v. Gray, No. 94-SC-64-WC

CourtUnited States State Supreme Court (Kentucky)
Citation880 S.W.2d 557
Docket NumberNo. 94-SC-64-WC
PartiesCOMMONWEALTH of Kentucky, CENTRAL STATE HOSPITAL, Appellant, v. Craig GRAY; Vicki G. Newberg, Acting Director of Special Fund; and Workers' Compensation Board, Appellees.
Decision Date23 June 1994

Page 557

880 S.W.2d 557
COMMONWEALTH of Kentucky, CENTRAL STATE HOSPITAL, Appellant,
v.
Craig GRAY; Vicki G. Newberg, Acting Director of Special
Fund; and Workers' Compensation Board, Appellees.
No. 94-SC-64-WC.
Supreme Court of Kentucky.
June 23, 1994.
As Corrected Sept. 6, 1994.

James Gordon Fogle, William A. Miller, Sr., and John G. Grohmann, Ferreri & Fogle, Louisville, for appellant.

Edwards A. Mayer, Louisville, for appellee Gray.

Mark C. Webster and Joel D. Zakem, Labor Cabinet, Special Fund, Louisville, for appellee Newberg.

Page 558

OPINION OF THE COURT

Claimant, a licensed practical nurse, injured his back at work on October 1, 1989, when he was shoved by an unruly psychiatric patient and struck his low back against a stair railing. Later that day, while assisting in lifting the same patient, he again was shoved to the floor. His injuries required back surgery, and it was determined that he was temporarily totally disabled for various periods up until October 24, 1990, at which time he reached maximum medical improvement. The Administrative Law Judge (ALJ) awarded claimant a 50% permanent, partial occupational disability and apportioned half of the award to the employer and half to the Special Fund. It was determined that claimant's permanent disability was, in part, caused by the arousal of preexisting dormant degenerative conditions. Therefore, the award was apportioned pursuant to KRS 342.1202. The employer was held liable for all temporary total disability (TTD) benefits.

This case concerns whether KRS 342.1202, from its enactment in 1987 until it was amended in 1990 specifically to provide otherwise, required that awards of TTD benefits in claims involving preexisting back or heart conditions be apportioned equally between the employer and the Special Fund.

Until KRS 342.1202 was enacted in 1987, KRS 342.120 controlled the apportionment of all workers' compensation awards. Although the statute holds the Special Fund liable for any "additional permanent disability" caused where the work-related injury is superimposed on a preexisting or previously dormant condition, it is silent regarding the apportionment of temporary disability. In an opinion which recognized the specific language of KRS 342.120 as well as the fact that a worker's TTD is caused primarily by the work-related injury, this Court interpreted KRS 342.120 as requiring the employer to pay all TTD benefits, even where the entire permanent disability award was...

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15 practice notes
  • Rehm v. Navistar International, No. 2002-CA-001399-MR (KY 2/25/2005), No. 2002-CA-001399-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • February 25, 2005
    ...is a matter of destroying valuable common-law rights that have existed for centuries"). 19. Commonwealth, Central State Hospital v. Gray, 880 S.W.2d 557, 559 (Ky. 1994) (stating that "[i]n construing statutory provisions, it is presumed that the legislature did not intend an absurd...
  • Cosby v. Com., No. 2002-SC-0806-DG.
    • United States
    • United States State Supreme Court (Kentucky)
    • August 26, 2004
    ...provisions, it is presumed that the legislature did not intend an absurd result." Commonwealth, Central State Hosp. v. Gray, Ky., 880 S.W.2d 557, 559 (1994). The legislature's intention "shall be effectuated, even at the expense of the letter of the law." Commonwealth v. Rosenfield Bros. & ......
  • Workforce Development Cabinet v. Gaines, No. 2005-SC-000965-DG.
    • United States
    • United States State Supreme Court (Kentucky)
    • November 26, 2008
    ...statutory provisions, it must presume "that the legislature did not intend an absurd result." Commonwealth, Cent. State Hosp. v. Gray, 880 S.W.2d 557 (Ky.1994); see also Renaker v. Commonwealth, 889 S.W.2d 819, 820 (Ky.App.1994), Williams v. Commonwealth, 829 S.W.2d 942, 944 (Ky.App.1992). ......
  • Revenue Cabinet v. O'Daniel, No. 2001-SC-1032-DG.
    • United States
    • United States State Supreme Court (Kentucky)
    • January 20, 2005
    ...statutory provisions, it is presumed that the legislature did not intend an absurd result."); Commonwealth, Central State Hosp. v. Gray, 880 S.W.2d 557, 559 (Ky.1994) (The legislature's intention "shall be effectuated, even at the expense of the letter of the law."); and Commonwealth v. Ros......
  • Request a trial to view additional results
15 cases
  • Rehm v. Navistar International, No. 2002-CA-001399-MR (KY 2/25/2005), No. 2002-CA-001399-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • February 25, 2005
    ...is a matter of destroying valuable common-law rights that have existed for centuries"). 19. Commonwealth, Central State Hospital v. Gray, 880 S.W.2d 557, 559 (Ky. 1994) (stating that "[i]n construing statutory provisions, it is presumed that the legislature did not intend an absurd...
  • Cosby v. Com., No. 2002-SC-0806-DG.
    • United States
    • United States State Supreme Court (Kentucky)
    • August 26, 2004
    ...provisions, it is presumed that the legislature did not intend an absurd result." Commonwealth, Central State Hosp. v. Gray, Ky., 880 S.W.2d 557, 559 (1994). The legislature's intention "shall be effectuated, even at the expense of the letter of the law." Commonwealth v. Rosenfield Bros. & ......
  • Workforce Development Cabinet v. Gaines, No. 2005-SC-000965-DG.
    • United States
    • United States State Supreme Court (Kentucky)
    • November 26, 2008
    ...statutory provisions, it must presume "that the legislature did not intend an absurd result." Commonwealth, Cent. State Hosp. v. Gray, 880 S.W.2d 557 (Ky.1994); see also Renaker v. Commonwealth, 889 S.W.2d 819, 820 (Ky.App.1994), Williams v. Commonwealth, 829 S.W.2d 942, 944 (Ky.App.1992). ......
  • Revenue Cabinet v. O'Daniel, No. 2001-SC-1032-DG.
    • United States
    • United States State Supreme Court (Kentucky)
    • January 20, 2005
    ...statutory provisions, it is presumed that the legislature did not intend an absurd result."); Commonwealth, Central State Hosp. v. Gray, 880 S.W.2d 557, 559 (Ky.1994) (The legislature's intention "shall be effectuated, even at the expense of the letter of the law."); and Commonwealth v. Ros......
  • Request a trial to view additional results

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