Ky. Court Affirms Benefit Award Based on Job Duties, Not Title

FRANKFORT, Ky. - A Kentucky appellate court has affirmed a Workers' Compensation Board ruling that an office worker who contracted hypersensitivity pneumonitis from exposure to metalworking fluids is entitled to treble benefits for her injury. General Electric Co. v. Conder, No. 2007-CA-0020508-WC (Ky. Ct. App.).

The Court of Appeals ruled on Aug. 8 that Catherine A. Conder is prevented by her illness from returning to the same job within the meaning of the commonwealth's disability law, despite her employer's contention that she could continue to work as a computer programmer in another workplace environment.

An administrative law judge awarded Conder …