Whitaker Coal Co. v. Melton

18 S.W.3d 361, 2000 Ky. App. LEXIS 43, 2000 WL 430480
CourtCourt of Appeals of Kentucky
DecidedFebruary 25, 2000
DocketNo. 1998-CA-002861-WC
StatusPublished
Cited by4 cases

This text of 18 S.W.3d 361 (Whitaker Coal Co. v. Melton) 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
Whitaker Coal Co. v. Melton, 18 S.W.3d 361, 2000 Ky. App. LEXIS 43, 2000 WL 430480 (Ky. Ct. App. 2000).

Opinion

OPINION

JOHNSON, Judge:

Whitaker Coal Company appeals from an opinion of the Kentucky Workers’ Compensation Board rendered on November 6, 1998, which affirmed the opinion, award and order of the Administrative Law Judge, which awarded retraining incentive benefits (RIB) to George S. Melton. Since we reject Whitaker Coal’s arguments (1) that it was improper for Melton’s award to be made under the provisions of KRS1 342.732(l)(a) as it read prior to its amendment on December 12, 1996; and (2) that Melton’s claim should have been barred on the grounds that he failed to give timely notice, we affirm.

Melton was employed by Whitaker Coal as a coal miner and was last injuriously exposed to coal dust on March 30, 1995. He filed a RIB claim on February 10, 1997. In an opinion, award and order dated June 15, 1998, the ALJ ruled that Melton had given timely notice and awarded Melton RIB according to the 1994 version of KRS 342.730(l)(a). Whitaker Coal appealed to the Board arguing, as it does to this Court, that the 1996 amendment to KRS 342.730(l)(a)2 was remedial in na[363]*363ture, and therefore, should have been applied retroactively to Melton’s claim; and that the claim was untimely. We believe the Board’s unanimous opinion by Chairman Abell contains very thorough and correct discussions of the law on the issues of retroactivity and timeliness, and thus, we adopt those portions of the Board’s opinion as our own.

As to the applicability of the 1996 amendment, the Board affirmed the ALJ stating as follows:

On appeal, Whitaker contends that enrollment in a retraining program is a prerequisite to receiving RIB, referring us to KRS S42.732(l)(a) as amended by the 1996 Extraordinary Session of the General Assembly. The amended version clearly provides that RIB is to be paid only while “the employee is enrolled and actively and successfully participating as a full-time student taking twenty-four (24) or more instruction hours per week in a bona fide training or education program.” Prior to the 1996 amendment, such benefits could be paid to a claimant, although not participating in a retraining program, if that claimant was no longer working in the mining industry in the severance or processing of coal.
Although Melton filed his claim after the effective date of the 1996 amendment, the date of his last exposure to the hazards of the disease was [March] 30,1995. The issue, therefore, is whether the 1996 amendment can be applied retroactively to a claim that arose prior to the effective date of the amendment. KRS 446.080(3) states that: “No statute shall be construed to be retroactive, unless expressly so declared.” However, the Courts have consistently held that remedial statutes do not come within the legal conception of a retrospective law or the general rule against the retrospective operation of statutes. Peabody Coal Co. v. Gossett, Ky., 819 S.W.2d 33 (1991).

The question, then, is whether the 1996 amendment to KRS 342.732(l)(a) is merely remedial, or is it a retrospective law. In 73 AmJur2d Statutes § 354 (1974), it is stated:

A retrospective law, in a legal sense, is one which takes away or impairs vested rights acquired under existing laws, or which creates a new obligation and imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past.
Remedial statutes are statutes which relate to remedies or modes of procedures not creating new or taking away vested rights but only operating in furtherance of a remedy or confirmation of such rights.
In Thornsbury v. Aero Energy, Ky., 908 S.W.2d 109 (1995), the Kentucky Supreme Court determined that a 1994 amendment to KRS 342.732(l)(a) was remedial and could be applied retroactively to claims that arose before the effective date of the amendment. In 1994, the Legislature amended that section so that RIB could be paid directly to a claimant only so long as the claimant was no longer working in the mining industry. If the claimant continued to work in the mining industry, the benefits could only be paid directly to an institution providing approved training or education to the claimant while he was actively enrolled and participating in such a program.
In determining that the statute was remedial, the Court noted that it had previously stated in Eastern Coal Corp. v. Blankenship, Ky., 813 S.W.2d 808 (1991), that despite the apparent goal that RIB serve[][as] an incentive for retraining, it could find no indication that the Legislature intended to require their use for that purpose in that the statute in effect at the time of that decision, prior to the 1994 amendment, [364]*364awarded such benefits whether or not the claimant sought retraining or employment outside the mining industry. In Blankenship, supra, the Court noted that such a scheme was incomprehensible to it and that if the Legislature truly intended to encourage workers to seek other employment, it should enact legislation that would more effectively accomplish that purpose. In Aero, supra, the Court determined that the Legislature clearly intended to reform the statute to live up to its name and actually provide RIB, concluding that the 1994 amendment to KRS 342.732(l)(a) was to provide a remedy that more effectively accomplished the purpose of the RIB statute.
The 1996 amendment to KRS 342.732(l)(a) does more than limit the payment of benefits to claimants only while they are actively enrolled in and participating in an approved training program. It reduces the payment period of the benefits from 208 weeks to 104 weeks and restricts the award of such benefits to claimants having radiographic classifications of Category ⅜ or ½ and respiratory impairment as evidenced by spirometric test values of between 55 and 80 percent of predicted normal values. In our opinion, the 1996 amendment to KRS 342.732(l)(a), unlike the 1994 amendment, affects vested rights of claimants and cannot therefore be applied retrospectively without a specific expression by the Legislature of its intent for the provisions to be so applied.

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Cite This Page — Counsel Stack

Bluebook (online)
18 S.W.3d 361, 2000 Ky. App. LEXIS 43, 2000 WL 430480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitaker-coal-co-v-melton-kyctapp-2000.