Roland Legal PLLC presents OUCH!

Ky. Supreme Court to Ky. Legislature: “Eat our Coal Dust”

Published on 2012-01-21 10:17:23

Vision Mining, Inc. v. Gardner, 2010-SC-000311-WC (Ky. 2011):  KRS 342.316 subjects coal workers’ pneumoconiosis claimants to a more stringent statutory treatment than all other pneumoconiosis claimants and thus violates the equal protection guarantees of the Federal and Kentucky Constitutions. In 2002, the Kentucky Legislature enacted amendments to KRS Chapter 342, which required coal workers’ pneumoconiosis [...]

The new Ky. mileage reimbursement rate for January 2012 through March 2012 is 45¢ per mile

Published on 2012-01-09 11:19:28

The new mileage reimbursement rate beginning January 1 through March 31, 2012 is 45¢ per mile. The Controller’s website has been updated to reflect this change.  Refer to the Controller’s web page for all related travel information at http://http://finance.ky.gov/internal/travel/ If you would like to be added to the Controller’s Travel Information Distribution list, please contact [...]

Nurture versus nature and the indpendent contractor: Gogel v. Hancock

Published on 2011-12-23 07:30:59

Gogle v. Hancock, NO. 2011-CA-001143-WC (Ky. App. 2011) (Designated to be published):  Public policy does not mandate that a specific “nature of the work” test be applied in determining whether a worker is an employee versus an independent contractor, as long as the factors in Ratliff v. Redmon and its progeny are followed. In Gogel [...]

Kentucky Workers’ Compensation Nominating Commission makes nine ALJ recommendations

Published on 2011-11-26 09:12:52

 UPDATE:  Governor appoints Jones, Weatherby and Rudloff to fill vacant ALJ positions.  The Kentucky Workers’ Compensation Nominating Commission (WCNC) has made nine recommendations to fill three vacant Administrative Law Judge positions with the Department of Workers’ Claims, all for terms to end December 31, 2015. To fill the ALJ position presently held by James L. [...]

ALJ Lawrence Smith appointed to Ky. Workers’ Compensation Board

Published on 2011-11-20 13:31:51

Per exeuctive order to take effect January 5, 2012, Governor Beshear has appointed ALJ Lawrence F. Smith to the Ky. Workers’ Compensation Board, for a term to expire January 5, 2016. Smith replaces Board Member W. Bruce Cowden whose term soon expires.

LexisNexis once again selects OUCH! as a top blog

Published on 2011-11-07 09:07:14

LexisNexis has for the fourth year in a row ranked Roland Legal’s blog OUCH! as one of its top 25 workers’ compensation blogs. In selecting OUCH! for this honor, LexisNexis noted, “Already a three-time winner, OUCH! continues to be a font of information related to workers’ compensation law and practice within the great state of Kentucky. [...]

Kentucky physician suspended by KBML following overdose-related death of former patient

Published on 2011-11-03 10:54:29

The Kentucky Board of Medical Licensure (KBML) has issued an emergency order of suspension against Jessamine County physician, Paul V. Brooks, a physician who frequently testifies in Kentucky workers’ compensation claims, following an investigation spurred by an overdose related death of a former patient, identified in the order as Patient A.  The matter came before [...]

We’ll say it again: Ky. WCB readdresses and reapplies Tokico and Fawbush in two recent decisions

Published on 2011-10-15 11:27:34

The Kentucky Workers’ Compensation Board (Board) recently decided two cases of particularly instructive import regarding the application of Tokcio v. Kelly, 281 S.W.2d 771 (Ky. 2009) and Fawbush v. Gwinn, 103 S.W.3d 5 (Ky. 2003), respectively. In Lay v. Cracker Barrel, Ky. WCB Claim No. 2005-65871 (2011), the Board addressed the 2009 Kentucky Supreme Court [...]

Roland earns MSCC credential

Published on 2011-10-10 15:18:15

Marcus A. Roland of the Lexington-based law firm Roland Legal has been awarded the credential of Medicare set-aside consultant certification by the International Commission on Healthcare Certification. As defined by the commission, “the MSCC credential is designed to identify professionals who work within the workers’ compensation benefit system as either a health care professional, legal [...]

The mileage reimbursement rate beginning Oct. 1, 2011 will remain at 47¢ per mile.

Published on 2011-10-05 09:27:51

The Kentucky mileage reibumrsement remains at .47/mile for the period of October 1, 2011 through December 31, 2011.