Teco/Perry County Coal v. Feltner

The Supreme Court vacated the portion of the opinion of the court of appeals holding that the section of Ky. Rev. Stat. 342.7305 treating hearing loss workers' compensation claimants differently from other types of traumatic injury claimants violated constitutional equal protection guarantees, holding that a rational basis existed for the unequal treatment. Under section 342.7305, workers' compensation claimants suffering hearing loss may not receive income benefits unless their whole person impairment rating is at least eight percent, but other types of non-hearing loss traumatic injury claimants need not meet this threshold impairment rating to qualify for income benefits. The court of appeals held that section 342.7305(2) was unconstitutional. The Supreme Court vacated the court of appeals' opinion and affirmed the ALJ's determinations that the claimants in this case did not qualify for income benefits based on their impairment ratings, holding that a rational basis existed for the eight percent impairment threshold for income benefits. View "Teco/Perry County Coal v. Feltner" on Justia Law