Kroger v. Ligon, et al.Annotate this Case
The court of appeals affirmed the decision in which the Workers' Compensation Board ("Board") held that the Administrative Law Judge ("ALJ") erred by denying future medical benefits for claimant's work-related injury but that the evidence did not compel an award of permanent income benefits. At issue was whether substantial evidence supported an award of future medical benefits and whether the evidence compelled the ALJ to find that claimant's injury produced a permanent impairment rating and entitled him to permanent income benefits. The court held that KRS 342.020(1) entitled claimant to be awarded future medical benefits where evidence that he required no medical treatment as of the date he reached maximum medical improvement or the date that his claim was heard was an improper basis to deny future medical benefits. The court also held that the evidence the injury warranted a permanent impairment rating was not so overwhelming as to render the decision that was made unreasonable.