Combs v. Kentucky River District Health Department

194 S.W.3d 823, 2006 Ky. App. LEXIS 35, 2006 WL 306921
CourtCourt of Appeals of Kentucky
DecidedFebruary 10, 2006
Docket2005-CA-001135-WC
StatusPublished
Cited by2 cases

This text of 194 S.W.3d 823 (Combs v. Kentucky River District Health Department) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Combs v. Kentucky River District Health Department, 194 S.W.3d 823, 2006 Ky. App. LEXIS 35, 2006 WL 306921 (Ky. Ct. App. 2006).

Opinions

OPINION

HENRY, Judge.

Oma Combs appeals from a decision of the Workers’ Compensation Board finding that an award of future medical benefits is not authorized after a claimant reaches maximum medical improvement in the absence of a permanent impairment and resulting disability. Upon review, we reverse the Board’s decision and reinstate the award of the Administrative Law Judge.

The underlying facts of this case are not in dispute. Combs filed a workers’ compensation claim seeking benefits for injuries she sustained on June 4, 2003 in an automobile accident while employed by Appellee Kentucky River District Health Department (hereinafter “Kentucky River”). In an Opinion, Award and Order rendered on December 13, 2004, The Administrative Law Judge (hereinafter “ALJ”) found that Combs had sustained injuries to her cervical and lumbar spine, and that these injuries were work-related. However, he concluded that, although she had received “temporary total disability” income benefits for the period from June 5, 2003 to January 4, 2004, due to her injuries, Combs was not entitled to income benefits for “permanent partial disability” after that point because the evidence did not merit a permanent disability impairment rating for those injuries. The ALJ [825]*825further ruled that — despite his finding of no permanent disability — Combs was entitled to “future medication as may be needed” and ruled that she “shall further recover of the Defendant, Kentucky River District Health Department, and/or its insurance carrier, for the cure and relief from the effects of the injury such medical, surgical and hospital treatment including nursing, medical and surgical supplies and appliances, as may reasonably be required at the time of the injury and thereafter during disability.”

Kentucky River subsequently filed a petition for reconsideration asking the ALJ to reconsider his decision that Combs was entitled to an award of future medical benefits. The ALJ denied the petition in a January 6, 2005 Order Upon Petition for Reconsideration, noting: “[T]his ALJ relied upon the report of Dr. Bean that future medical treatment was necessary beyond the point of maximum medical improvement. The ALJ did not make a finding of a temporary injury. Therefore, based upon KRS2 342.020 and Cavin v. Lake Construction Co., Ky., 451 S.W.2d 159 (1970), the Defendant’s petition is DENIED.”

Kentucky River then appealed the ALJ’s decision to the Workers’ Compensation Board (hereinafter “the Board”), arguing that Combs was not entitled to an award of future medical benefits after reaching “maximum medical improvement” in the absence of a finding of permanent disability and a resulting impairment. In a two-to-one decision entered on April 29, 2005, the Board agreed with Kentucky River, finding that, under KRS 342.020(1), a future medical benefit award is only authorized when a permanent disability impairment rating has been given. Specifically, the Board held:

To summarize, under KRS 342.020(1) an employer may be ordered to pay medical benefits reasonably required at the time of injury for the cure and relief of a work-related injury without regard to disability. Thereafter, however, KRS 342.020(1) only authorizes an award of medical benefits “during disability.”
In the claim presently on appeal, Combs had reached MMI. Combs was found to have 0% permanent impairment ratings for her cervical and lumbar injuries. The award of medical benefits, therefore, should not have encompassed future medical expenses.

(Italics in original). The Board consequently ordered the ALJ’s award as to future medical benefits to be vacated and remanded, with the ALJ being instructed to limit Combs’ medical benefit award to those medical expenses incurred up until the point where she reached “maximum medical improvement.” This appeal followed.

The function of the Court of Appeals in reviewing a decision of the Workers’ Compensation Board is generally “to correct the Board only where the Court perceives the Board has overlooked or misconstrued controlling statutes or precedent, or committed an error in assessing the evidence so flagrant as to cause gross injustice.” Western Baptist Hospital v. Kelly, 827 S.W.2d 685, 687-88 (Ky.1992). Our function also encompasses addressing new or novel questions of statutory construction, reconsidering precedent when such appears necessary, or reviewing questions of constitutional magnitude. Id. at 688. Given that this appeal focuses upon the appropriate interpretation of a statute, we note that interpretation of a statute is a matter of law to be reviewed de novo and without deference to any stat[826]*826utory construction given by the Board. See Bob Hook Chevrolet Isuzu, Inc. v. Commonwealth, 983 S.W.2d 488, 490 (Ky. 1998); Halls Hardwood Floor Co. v. Stapleton, 16 S.W.3d 327, 330 (Ky.App.2000); Wilson v. SKW Alloys, Inc., 893 S.W.2d 800, 801-02 (Ky.App.1995).

This case turns, in significant part, on the appropriate interpretation of KRS 342.020(1), which provides, in pertinent part, as follows:

In addition to all other compensation provided in this chapter, the employer shall pay for the cure and relief from the effects of an injury or occupational disease the medical, surgical, and hospital treatment, including nursing, medical, and surgical supplies and appliances, as may reasonably be required at the time of the injury and thereafter during disability, or as may be required for the cure and treatment of an occupational disease. The employer’s obligation to pay the benefits specified in this section shall continue for so long as the employee is disabled regardless of the duration of the employee’s income benefits.

(Emphasis added). The Board noted that the first sentence of KRS 342.020(1) “confines an award for medical expenses to those expenses which ‘may reasonably be required at the time of the injury and thereafter during disability,’ ” and that the second sentence confines an employer’s obligation to pay future medical benefits only “for so long as the employee is disabled regardless of the duration of the employee’s income benefits.” (Italics in original) (Footnote deleted). According to the Board, “[t]he references in this statutory context to ‘during disability’ and ‘for so long as the employee is disabled’ must mean something in addition to a situation in which medical treatment for the cure and relief from the effects of the injury is reasonably required;

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Related

FEI Installation, Inc. v. Williams
214 S.W.3d 313 (Kentucky Supreme Court, 2007)
Combs v. Kentucky River District Health Department
194 S.W.3d 823 (Court of Appeals of Kentucky, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
194 S.W.3d 823, 2006 Ky. App. LEXIS 35, 2006 WL 306921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/combs-v-kentucky-river-district-health-department-kyctapp-2006.