Hutchins v. General Electric Co.

190 S.W.3d 333, 2006 Ky. LEXIS 101, 2006 WL 1098248
CourtKentucky Supreme Court
DecidedApril 20, 2006
Docket2005-SC-0627-WC
StatusPublished
Cited by8 cases

This text of 190 S.W.3d 333 (Hutchins v. General Electric Co.) 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
Hutchins v. General Electric Co., 190 S.W.3d 333, 2006 Ky. LEXIS 101, 2006 WL 1098248 (Ky. 2006).

Opinions

OPINION OF THE COURT

The Workers’ Compensation Board (Board) affirmed an Administrative Law Judge’s (ALJ’s) decision to dismiss the claimant’s application for benefits based on a finding that the harmful changes she [335]*335alleged were not caused by a work-related injury. This appeal is taken from an order that dismissed the claimant’s petition for review in the Court of Appeals on the ground that she failed to name the Board as an appellee as required by CR 76.25(4)(a). Having concluded that the function of CR 76.25(4)(a) is not to make the Board an indispensable party to a petition for review, we reverse and remand for a consideration of the merits.

The relevant facts in this appeal are few. When appealing the ALJ’s decision to the Board, the claimant named not only her employer and the ALJ as appellees, she also named the Board. As a consequence, the Board’s January 21, 2005, opinion not only affirmed the decision to dismiss the claim but also dismissed itself as a party to the appeal. On February 21, 2005, the claimant filed a petition for review in the Court of Appeals, naming only the employer and the ALJ as appellees. She served a copy of the petition on the “Commissioner” of the Office of Workers’ Claims as well as on the named appellees. On March 1, 2005, she moved to amend the petition to name the Board as an appellee, serving both the employer and the Commissioner. The Court denied the motion as untimely and ordered her to show cause why the petition should not be dismissed for failure to name the Board as an appel-lee. The court determined subsequently that the Board was an indispensable party and dismissed the appeal.

The claimant asserts that all judicial decisions requiring the Board to be joined as a party to a workers’ compensation appeal are based on KRS 342.285(1) as it existed prior to the adoption of the 1987 Act. She points out that the prior statute required the Board to be made a party to an appeal in circuit court but that it was amended effective January 4, 1988, at which time the requirement was eliminated together with the right of appeal to circuit court. The newly-created ALJs were the finders of fact, and regulations were adopted requiring the ALJ who rendered the decision from which an appeal was taken to be made party to an appeal to the Board. The claimant argues that under the post-1987 Act it is the ALJ who may be required to take certain actions on remand rather than the Board, and she urges that the policy of strict compliance with procedural rales concerning the filing of a petition for review be relaxed. Although our reasoning is different, we agree that the Board is not an indispensable party to an appeal from a decision of the Board to the Court of Appeals. See First National Bank of Louisville v. Progressive Casualty Ins. Co., 517 S.W.2d 226 (Ky.1974) (appellate courts should resolve cases on their merits, aided but not necessarily restricted by the parties’ arguments).

KRS 342.285 was amended effective January 4, 1988, and remains substantially the same today. KRS 342.285(1) designates the ALJ as the finder of fact in workers’ compensation claims, grants the Board authority to review ALJ decisions, and no longer provides a right of appeal to circuit court. KRS 342.285(3) gives the Board explicit authority to affirm, modify, or set aside an ALJ’s decision, to remand the matter for further proceedings consistent with its directions, or to remand a matter to an ALJ before reaching a decision. KRS 342.290 creates a right of appeal in the Court of Appeals regarding all matters renewable by the Board and errors of law arising before the Board; however, it does not expressly require the Board to comply with the Court’s directives. Nor does it require the Board to be made a party.

Stahl v. Panarama Rest Care, 788 S.W.2d 276, 277 (Ky.App.1990), is the only [336]*336decision on this matter under the post>-1987 Act. In Stahl, the court determined that KRS 342.285(1) confers jurisdiction on the Board but does not require the ALJ to be named a party; however, KRS 342.285(3) implies a requirement that the ALJ must comply with the Board’s directives. Citing Johnson v. Correll, 332 S.W.2d 843, 845 (Ky.1960), the court explained that although KRS 342.285(1) authorizes regulations to govern the prosecution of appeals to the Board, it would not authorize an administrative agency to impose additional requirements for invoking the Board’s jurisdiction (such as requiring the ALJ to be named a respondent). It would, however, authorize a regulation requiring the ALJ to be served with notice of the appeal. Finally, the court observed that although 803 KAR 25:010, § 21 requires the ALJ to be named as a party in an appeal to the Board, it does not require an appeal to be dismissed for failure to do so.

As amended effective January 4, 1988, KRS 342.290 provides as follows:

The decision of the board shall be subject to review by the Court of Appeals pursuant to Section 111 of the Kentucky Constitution and rules adopted by the Supreme Court. The scope of review by the Court of Appeals shall include all matters subject to review by the board and also errors of law arising before the board and made reviewable by the rules of the Supreme Court for review of decisions of an administrative agency.

The Supreme Court adopted SCR 1.030(3), which provides that final decisions of the Board are subject to review by the Court of Appeals under procedures set forth in the Rules of Civil Procedure. CR 76.25 states, in pertinent part, as follows:

(1)General.
Pursuant to Section 111(2) of the Kentucky Constitution and SCR 1.030(3), decisions of the Workers’ Compensation Board shall be subject to direct review by the Court of Appeals in accordance with the procedures set out in this Rule.
(2)Time for Petition.
Within 30 days of the date upon which the Board enters its final decision pursuant to KRS 342.285(3) any party aggrieved by that decision may file a petition for review by the Court of Appeals and pay the filing fee required by CR 76.42(2)(a)(xi). Failure to file the petition within the time allowed shall require dismissal of the petition, (emphasis added).

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Hutchins v. General Electric Co.
190 S.W.3d 333 (Kentucky Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
190 S.W.3d 333, 2006 Ky. LEXIS 101, 2006 WL 1098248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutchins-v-general-electric-co-ky-2006.