CHARLES A. KUBAJAK, JR. V. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT
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jrPOR 'ANT NOTICE
NOT TO BE PUBLISHED
OPINION
THIS OPINION IS DESIGNA TED "NO T TO BE
PUBLISHED. " PURSUANT l O THE RULES OF
CIVIL PR OCED URE PR OHUL GA TED BY THE
SUPREME COURT, CR 76.28 (4) (c), THIS OPINION
IS NOT TO BE PUBLISHED AND SHALL ATOT BE
CITED OR USED AS A UTHORITYINANY OTHER
CASE INANY COURT OF THIS STA TE.
RENDERED : DECEMBER 22, 2005
NOT TO BE PUBLISHED
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2003-SC-0953-DG
APPELLANT
CHARLES A. KUBAJAK, JR .
V
ON REVIEW FROM COURT OF APPEALS
2002-CA-1919
FAYETTE CIRCUIT COURT NO. 01-CI-4506
LEXINGTON-FAYETTE URBAN COUNTY
GOVERNMENT
APPELLEE
MEMORANDUM OPINION OF THE COURT
AFFIRMING
Appellant, Charles A . Kubajak, Jr., claims to suffer from post-traumatic stress
disorder sustained as a result of his employment as a police officer for the LexingtonFayette Urban County Government (LFUCG) . He filed both a workers' compensation
claim against LFUCG with the Department of Workers' Claims and this civil action
against LFUCG in the Fayette Circuit Court. His theory with respect to the civil action is
that if his workers' compensation claim is precluded by KRS 342.0011(1) ("Injury . . .
shall not include a psychological, psychiatric, or stress-related change in the human
organism, unless it is a direct result of a physical injury."), then his condition is not
covered by the Workers' Compensation Act and is not subject to the "exclusive remedy"
provision of KRS 342.690(1) .
Both the Fayette Circuit Court and the Court of Appeals held that KRS
342.690(1) precluded a civil action by an employee against his/her employer for an
unintentional injury even
if
that injury is not compensable under the Workers'
Compensation Act. However, we need not reach this issue because this action is prima
facie barred by the doctrine of sovereign immunity . Lexington- Fayette Urban County
Gov't v. Smolcic , 142 S.W.3d 128,131-34 (Ky. 2004) .
For that reason, the judgment of the Fayette Circuit Court and the decision of the
Court of Appeals are affirmed .
All concur.
COUNSEL FOR APPELLANT :
David B . Allen
P .O. Box 93
Versailles, KY 40383-0093
COUNSEL FOR APPELLEE :
Leslye M. Bowman
Director of Litigation
Lexington -Fayette Urban County Government
Department of Law
200 East Main Street
Lexington, KY 40507
Andrea L. Weddle
LFUCG Department of Law
200 East Main Street
Lexington, KY 40507
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