CNA INSURANCE COMPANY v. DAVID WINGFIELD, WAUSAU INSURANCE COMPANY, KENTUCKY WORKER'S COMPENSATION BOARD, ROBERT L. WHITTAKER, Director CONSTRUCTORS, INC., HONORABLE JAMES L. KERR, Administrative Law Judge
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RENDERED:
November 20, 1998; 10:00 a.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
No.
1998-CA-000079-WC
CNA INSURANCE COMPANY
APPELLANT
PETITION FOR REVIEW OF A DECISION
OF THE WORKERS' COMPENSATION BOARD
ACTION NO. 93-52493
v.
DAVID WINGFIELD, WAUSAU
INSURANCE COMPANY, KENTUCKY
WORKER'S COMPENSATION BOARD,
ROBERT L. WHITTAKER, Director
of Special Fund, WEHR
CONSTRUCTORS, INC., HONORABLE
JAMES L. KERR, Administrative
Law Judge
APPELLEES
OPINION
AFFIRMING
* * * * * * *
BEFORE:
GUIDUGLI, JOHNSON, and KNOPF, Judges.
KNOPF, JUDGE: CNA Insurance Company appeals the decision of the
Workers’ Compensation Board which held that CNA did not have a
right of reimbursement from Wausau Insurance Company for workers’
compensation insurance benefits paid to the injured employee,
David Wingfield.
CNA provided workers’ compensation coverage for the
employees of Wehr Constructors who principally worked and resided
in Alabama.
Wausau provided coverage for Wehr employees who
principally worked and resided in Kentucky.
Wingfield worked and
resided in Kentucky but was injured in Alabama.
Wingfield filed
a claim naming both Wausau and CNA as insurers for Wehr.
CNA
began paying benefits but terminated these benefits when the
Kentucky Court of Appeals ruled that Kentucky had proper
jurisdiction of the claim and that Wausau was obligated to pay
insurance benefits.
CNA paid approximately $146,000.00 in benefits to
Wingfield.
CNA filed a motion for reimbursement of these
benefits from Wausau.
The Administrative Law Judge entered an
order requiring reimbursement.
However, the Workers’
Compensation Board reversed that order.
CNA argues on appeal that the Board erred because CNA
paid the benefits attempting to proceed in good faith and under a
reasonable belief that it was obligated to pay the benefits.
However, once CNA learned that it was not obligated to pay the
benefits and had mistakenly done so, that it was entitled to
reimbursement.
CNA cites Dodson v. Key, Ky., 508 S.W.2d 586
(1974) for support.
In Dodson and other similar cases, the insurer, which
was seeking reimbursement, paid insurance benefits under a
mistaken belief of coverage when in actuality the insurer was not
obligated to pay insurance benefits.
The Board in this case,
though, held that CNA did not mistakenly pay benefits.
The Board
explained that under Alabama law, CNA would have been liable for
payment of any benefits awarded.
The Board stated:
We do not believe that the payments made by
CNA under Alabama law can reasonably be
deemed a “mistake.” The payments made by CNA
-2-
were made in satisfaction of its obligation
under Alabama law and pursuant to its
contract of insurance with Wehr.
Essentially, CNA claims that the prior Kentucky Court of Appeals
decision held that CNA was not obligated to pay benefits.
is a mischaracterization of the opinion.
This
The opinion is clearly
limited to holding that Kentucky’s extraterritorial coverage
statute applied in this case.
As the Board correctly recognized,
this holding means that Kentucky has proper jurisdiction of the
claim and does not mean that Kentucky has sole jurisdiction of
the claim.
Wingfield could be eligible for benefits in more than
one state.
We agree with the Board’s reasoning and find no error.
Thus, we affirm the opinion of the Workers’ Compensation Board.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Scott C. Marks
Burns & Marks
Bowling Green, Kentucky
Dov Moore
Cole, Moore & Baker
Bowling Green, Kentucky
BRIEF FOR SPECIAL FUND:
David W. Barr
Louisville, Kentucky
-3-
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