Case File In Kentucky, an employer is entitled to immediate reimbursement of duplicative workers' compensation benefits, but its recoverable subrogation interest must be reduced by its pro rata share of the employee's attorney's fees and […]

On August 20, 2026, the Supreme Court of Kentucky, in K-VA-T Food Stores Inc. v. Blackburn, clarified when an employer can seek subrogation from an employee’s third-party settlement pursuant to Kentucky statute 342.700, which permits an […]

What Do You Think? Employers and supervisors are generally protected from personal injury lawsuits if they maintain workers’ compensation coverage. But those protections may cease if a supervisor injures someone while acting outside the scope […]

Case File Despite a challenge with misattribution of a doctor's opinion, an ALJ's decision didn't commit an error "so flagrant as to cause gross injustice." Case Graybar Electric v. Starr, No. 2025-SC0204-WC (Ky. 02/19/26) What […]

Compliance Corner Recognizing that limited education and advancing age impact anemployee’s post-injury earning capacity, an education and age factor,when applicable, shall be added to the income benefit multiplier. As Simply Research subscribers know, the multipliers […]

Case File Because an ALJ didn’t give enough to indicate how a worker could continue doing her clerical job and be unable to work at the same time, the Kentucky Supreme Court thought it best […]

What Do You Think? When determining disability benefits based on an employee’s average weekly wages, judges typically include salary, commissions, and bonuses. A recent Kentucky Supreme Court addresses whether an employee’s mileage reimbursement should be […]

Case File Evidence that the daughter of a worker developed mesothelioma from exposure to asbestos he brought home on his work clothes, and not from a brief summer job she held, allowed the daughter's estate […]