Ky. High Court Affirms Benefits for Claimant in Limestone Dust, Silica, Benzene Workers’ Comp Case



DOCUMENTS
  • Opinion


FRANKFORT, Ky. –– The Kentucky Supreme Court has affirmed an award of benefits to an employee who claimed he developed occupational asthma while working for a resin cartridge manufacturer, opining that the claimant’s former employer submitted evidence that contradicted the claimant’s expert testimony but failed to established that the employee’s expert testimony was “clearly wrong.”

In the Aug. 21 opinion, the high court opined that when such conflicting evidence is present, the Administrative Law Judge has the discretion to determine the substance of the testimony and “draw reasonable inferences from the evidence.”

Ronald Hayes filed a claim for workers’ compensation …






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