ELNORA JAGGERS v. JEFFERSON COUNTY FISCAL COURT; HONORABLE IRENE STEEN, ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD
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RENDERED: December 17, 1999; 10:00 a.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
1999-CA-000070-WC
ELNORA JAGGERS
APPELLANT
PETITION FOR REVIEW OF A DECISION
OF THE WORKERS' COMPENSATION BOARD
ACTION NO. WC-97-89597
v.
JEFFERSON COUNTY FISCAL COURT;
HONORABLE IRENE STEEN, ADMINISTRATIVE
LAW JUDGE; AND WORKERS’ COMPENSATION BOARD
APPELLEES
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
DYCHE, EMBERTON, AND GARDNER, JUDGES.
DYCHE, JUDGE:
Elnora Jaggers appeals from an opinion of the
Workers’ Compensation Board (“Board”) affirming the dismissal of
her claim for workers’ compensation benefits by an Administrative
Law Judge (“ALJ”).
We affirm.
Jaggers’s claim was based upon a stroke which she
suffered, and which she claims was caused, at least in part, by
the stress she was subjected to at work, and sometimes when not
at work; the stress was harassing behavior by another employee,
including as many as 150 “hang up” phone calls a day.
The
employer was apparently unable or unwilling to alleviate the
problem, and it went on for over nine months.
The ALJ found that Jaggers’s condition was not an
“injury” as defined under the 1994 revision of KRS 342.0011(1),
which specifically excludes stress-related changes in the human
organism, unless directly the product of a physical injury.
Jaggers claims that this exclusion is an unconstitutional
violation of §59(24) of the Kentucky Constitution, which forbids
special or local legislation regulating labor, trade, mining or
manufacturing.
She also argues that the statute impermissibly
creates two classes of workers for compensation of injury
purposes; although her petition does not cite §3 of the
constitution, such a challenge would arise under that equal
protection provision.
We must extend every presumption of constitutionality
to an enactment of the General Assembly.
Lovelace v.
Commonwealth, 285 Ky. 326, 147 S.W.2d 1029 (1941).
The constitutionality of a statute [dealing
with economic matters] will be upheld if its
classification is not arbitrary, or if it is
founded upon any substantial distinction
suggesting the necessity or propriety of such
legislation.
Kentucky Harlan Coal Co. v. Holmes, Ky., 872 S.W.2d 446, 455
(1994).
The 1994 General Assembly recognized that the Workers’
Compensation system, in its opinion, was in “crisis,” and it made
drastic revisions in an attempt to cut the cost of the system.
Procedural and substantive changes aimed at streamlining the
system and cutting its costs to businesses were enacted.
The new
definition of “injury,” of which Jaggers complains, was a part of
-2-
this revision.
Stress, like pain, is a very subjective concept,
and extremely difficult to quantify.
We find the requirement of
a physical injury as a cause of a stress-related injury to be a
legitimate and rational basis to help control costs in the
workers’ compensation field.
Jaggers’s claim must fall.
She produces no evidence
which compels a finding that her stroke was caused by a physical
injury.
The opinion of the Workers’ Compensation Board is
affirmed.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE
JEFFERSON COUNTY FISCAL COURT:
Wayne C. Daub
Louisville, Kentucky
James T. Mitchell
Louisville, Kentucky
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