Williams v. FARMERS STOCKYARD, INC.

297 S.W.3d 586, 2009 Ky. App. LEXIS 126, 2009 WL 2408399
CourtCourt of Appeals of Kentucky
DecidedAugust 7, 2009
Docket2008-CA-000785-DG
StatusPublished
Cited by1 cases

This text of 297 S.W.3d 586 (Williams v. FARMERS STOCKYARD, INC.) 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
Williams v. FARMERS STOCKYARD, INC., 297 S.W.3d 586, 2009 Ky. App. LEXIS 126, 2009 WL 2408399 (Ky. Ct. App. 2009).

Opinions

OPINION

CAPERTON, JUDGE.

The administrators and beneficiaries of the estate of John Eric Williams sought discretionary review of the decision of the Bourbon Circuit Court which, in reversing the Bourbon District Court, found that certain workers’ compensation benefits were not exempt from the claims of the [587]*587estate’s creditors. Farmers Stockyard, Inc. and Kentucky Bank, the creditors of Mr. Williams’ estate and Appellees in this matter, argue that workers’ compensation benefits should not be exempt from the claims of creditors when the employee dies without dependents and the benefits go to the estate. We find that the benefits at issue here are not exempt from the claims of creditors. Accordingly, we affirm the judgment of the Bourbon Circuit Court.

On August 9, 2002, John Eric Williams died during the course and scope of his employment. Mr. Williams died without leaving any dependents. His estate received workers’ compensation benefits in the amount of $54,089.28 pursuant to Kentucky Revised Statutes (KRS) 342.750(6). After the funeral expenses were paid from this sum, approximately $41,000 was left.

Farmers Stockyard, Inc. and Kentucky Bank are creditors of Mr. Williams’ estate and argue that the $41,000 balance should be utilized to pay their claims. The Bourbon District Court held that the death benefit received by the estate was exempt from the claims of creditors pursuant to KRS 342.180. The Bourbon Circuit Court reversed, and this appeal followed.

The issue on appeal is whether the compensation paid to his estate, both on the behalf of an injured worker and as a result of his death pursuant to KRS 342.750(6), is exempt from attachment by the deceased worker’s creditors pursuant to KRS 342.180. We believe that the exemption created by KRS 342.180, which prevents attachment by creditors of compensation paid to the worker, does not apply to the funds once paid to the estate.

As this is a review of a Kentucky statute, our review is de novo, and we are not required to give deference to the circuit court’s conclusions of law. See Cinelli v. Ward, 997 S.W.2d 474, 476 (Ky.App.1998). KRS 342.750(1)-(7) describes the workers’ compensation benefits to be received when a work-related injury causes the death of the employee. Of that statute, sections (l)-(5) discuss the amounts received by the deceased employee’s dependents and, for our purposes, are irrelevant to this appeal. At issue before our Court is the application of KRS 342.180 to the proceeds paid through KRS 342.750(6). The latter states:

In addition to other benefits as provided by this chapter, if death occurs within four (4) years of the date of injury as a direct result of a work-related injury, a lump-sum payment of fifty thousand dollars ($50,000) shall be made to the deceased’s estate, from which the cost of burial and cost of transportation of the body to the employee’s place of residence shall be paid. Annually, the executive director shall compute, in accordance with KRS 342.740, the increase or decrease in the state average weekly wage, and consistent therewith, shall adjust the amount of the lump-sum payment due under this subsection for injuries occurring in the succeeding year.

KRS 342.180 states “[n]o claim for compensation under this chapter shall be assignable, except court or administratively-ordered child support pursuant to KRS 403.212. All compensation and claims therefore, except child support obligations, shall be exempt from all claims of creditors.”

The Appellees claim that the KRS 342.180 exemption does not apply to money received by the estate. They argue that because workers’ compensation benefits are intended for the benefit of the injured worker, or in the case of death, his or her dependents, benefits which go to an estate with no dependents should be treated as ordinary assets of the estate and vulnerable to the claims of creditors. The Appellants argue that KRS 342.180 applies [588]*588to all benefits conferred by workers’ compensation, including the $50,000 given to the estate.

Our Supreme Court in Realty Improvement Co., Inc. v. Raley, 194 S.W.3d 818, 819 (Ky.2006), affirmed “that KRS 342.165(1) permits the benefit paid under KRS 342.750(6) to be increased by 30% if the accident causing the worker’s death resulted from the employer’s intentional safety violation.” In so doing, our Supreme Court found that a payment mandated by KRS 342.165 was “compensation” when paid as directed by KRS 342.750(6) to the worker’s estate. Our Supreme Court specifically determined that the payment of such compensation to the worker’s estate authorized by KRS 342.750(6), “when an injury results in death ... [,] implies that a deceased worker’s estate is a ‘person’ for the purposes of the statute .... ” Raley at 822. Once paid, the compensation becomes mere monies, whether in the hands of a dependent or an estate, i.e., a “person,” and available to satisfy the creditors thereof. In support, see Quiggins v. Quiggins, 637 S.W.2d 666, 667 (Ky.App.1982), wherein the appellate court acknowledged:

The issue presented on appeal — whether a worker’s compensation award is to be considered as marital property — appears to be one of first impression in this jurisdiction. The trial court, while acknowledging that worker’s compensation benefits are exempt from the claims of creditors (KRS 342.180

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

Related

Williams v. FARMERS STOCKYARD, INC.
297 S.W.3d 586 (Court of Appeals of Kentucky, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
297 S.W.3d 586, 2009 Ky. App. LEXIS 126, 2009 WL 2408399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-farmers-stockyard-inc-kyctapp-2009.