Advance Aluminum Co. v. Leslie

869 S.W.2d 39, 1994 Ky. LEXIS 12, 1994 WL 23761
CourtKentucky Supreme Court
DecidedJanuary 31, 1994
DocketNo. 93-SC-376-WC
StatusPublished
Cited by5 cases

This text of 869 S.W.2d 39 (Advance Aluminum Co. v. Leslie) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Advance Aluminum Co. v. Leslie, 869 S.W.2d 39, 1994 Ky. LEXIS 12, 1994 WL 23761 (Ky. 1994).

Opinion

OPINION OF THE COURT

In this workers’ compensation case, the issue is whether KRS 342.730(3) authorizes the continuation of disability benefits to dependents of a deceased worker who died from causes unrelated to the employment when the award is for total disability and is therefore to be paid “during such disability.” KRS 342.730(l)(a).

Decedent, Everette Leslie, injured his back at work on March 19, 1987. Decedent was married on May 10, 1989, and filed a claim for workers’ compensation on May 22, 1989. On June 13, 1989, and before an award was rendered, Mr. Leslie committed suicide. His widow was substituted as party-plaintiff.

The Administrative Law Judge (ALJ) held that Mr. Leslie’s death was not work-related and therefore death benefits pursuant to KRS 342.750 were inappropriate. The ALJ also considered KRS 342.610(3) which provides that “liability for compensation shall not apply where the injury, occupational disease, or death to the employee was proximately caused primarily by his intoxication or by his willful intention to injure or kill himself or another.” The ALJ concluded that KRS 342.610(3) did not bar claim since,

by its plain words the statute is intended to address the situation where the injuiy or death giving rise to the workers’ compensation action was proximately caused by the worker’s willfull (sic) intention to kill himself rather than to facts sub judice wherein the worker committed suicide after liability to the injury had already attached.

The ALJ awarded continuation benefits pursuant to KRS 342.730(3) which authorizes the payment of a portion of the award to certain classes of survivors when the employee dies from causes unrelated to the occupational injury. The ALJ found that prior to his death, decedent was 100% occupationally disabled due to the back injury, and therefore his widow would received 50% of the rate specified in the award for a period equal to his life expectancy or to terminate upon her remarriage.

On appeal, the Workers’ Compensation Board (Board) affirmed the award. The Board reviewed the argument that KRS 342.-610(3) barred an award of compensation since decedent had committed suicide. The Board agreed with the ALJ that that statute simply did not govern in this case since the compensable condition (i.e. back injury) was not proximately caused by the suicide.

The Board also carefully reviewed the evidence and concluded that there was sufficient evidence to support the ALJ’s decision that decedent was 100% occupationally disabled due to the back injury. Special Fund v. Francis, Ky., 708 S.W.2d 641 (1986).

The Court of Appeals affirmed the Board. Regarding the application of KRS 342.610(3), the court distinguished Wells v. Harrell, Ky.App., 714 S.W.2d 498 (1986), and explained as follows:

Wells does not hold that KRS 342.610 is necessarily a bar where a claimant’s subsequent suicide is unrelated to his otherwise compensable work-related injury. Instead, KRS 342.610 applies only where a claimant’s work-related injury, whether fatal or not, was proximately caused by her willful intention to so injure or kill herself.

We agree with the conclusions reached below. Appellant insists that KRS 342.610(3) has been rendered meaningless. We disagree. The special defense provided by KRS 342.610(3) encompasses situations including horseplay, intoxication, or other employee conduct shown to have been an intentional, deliberate action with a reckless disregard of the consequences either to himself or to another. See Kentucky Jurisprudence Workers’ Compensation., William S. Haynes, § 11:2 through § 11:5. Appellants maintain that if KRS 342.610(3) does not apply to bar the continuation of a deceased worker’s award after non-work-related suicide, the statute never operates to bar a claim in the case of suicide.

Clearly, the focus must be upon the com-pensable condition itself. Here, that was the back injury, which as found by the ALJ, was completely unrelated to decedent’s subse[41]*41quent suicide. Therefore, the benefits awarded were for that injury, and death benefits were appropriately denied since the suicide was not work-related. In this case, whether decedent died from a heart attack or due to the suicide, his benefits were properly continued pursuant to KRS 342.730(3) once it was determined that the back injury was work-related and death was not work related.

Had it been determined that the suicide was legitimately work related, death benefits pursuant to KRS 342.750 would be appropriate. A chain-of-causation rule for determining whether a suicide is legitimately caused by work and is therefore compensable is followed in the majority of jurisdictions and was adopted in Wells v. Harrell, Ky. App., 714 S.W.2d 498 (1986). According to this rule, an employee’s suicide is compensa-ble if (1) the employee sustained an injury which itself arose in the course of and resulted from covered employment; (2) without that injury the employee would not have developed a mental disorder of such a degree as to impair the employee’s normal and rational judgment; and (3) without that mental disorder, the employee would not have committed suicide.

In response to appellant’s query: when is KRS 342.610(3) a defense barring compensation for suicide — the answer lies in what condition is being compensated. If, as in this case, the compensable condition is a work-related back injury and the suicide is unrelated to that injury, then the suicide is irrelevant and benefits may be continued pursuant to KRS 342.730(3).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Trevino v. Transit Auth. of River City
569 S.W.3d 400 (Missouri Court of Appeals, 2019)
Roach v. Wilson
551 S.W.3d 450 (Court of Appeals of Kentucky, 2017)
Livingood v. Transfreight, LLC
467 S.W.3d 249 (Kentucky Supreme Court, 2015)
Lane v. S & S Tire, Inc., No. 15
182 S.W.3d 501 (Kentucky Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
869 S.W.2d 39, 1994 Ky. LEXIS 12, 1994 WL 23761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/advance-aluminum-co-v-leslie-ky-1994.