Supreme Court of Kentucky Reverses and Remands Nurse’s Workers’ Comp Cumulative Trauma Case
By Lonce Lamonte - March 27, 2021
On March 25, 2021, the Supreme Court of Kentucky reversed rulings that dismissed a nurse’s cumulative trauma claims over her alleged failure to provide reasonable notice of injury. Diane Anderson claims she suffered work related injuries to her neck, back and hands arising out of her employment.
Diane Anderson worked for Mountain Comprehensive Health Corp in Kentucky for 21 years. She resigned and retired in 2017, alleging her injuries became crippling.
She filed in 2017 for Social Security disability and in 2018 for workers’ compensation. She dated her injury as the same day as her 2017 retirement.
The hospital filed a special answer stating the claimant’s claims were time barred. An administrative law judge, then the Workers’ Compensation Board, and a state court of appeals affirmed.
However, the Kentucky Supreme Court found the earlier courts had misapplied the law by not considering 2018 amendments to Kentucky workers’ compensation law.
In cases of cumulative trauma, injuries according to the amended law can be claimed within a two year limitation period and an absolute repose period of five years from the last injurious exposure.
The Kentucky Supreme Court claimed that Diana Anderson’s claim had been dismissed in error. Thus, it was reversed and remanded.
lonce@adjustercom.com, Lonce Lamonte, journalist, editor, adjustercom, www.adjustercom.com; all rights reserved and copyright Lonce Lamonte and adjustercom
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