Parker v. Webster County Coal, LLCAnnotate this Case
Marshall Parker sought an award of benefits for a back injury he received during the course of his employment with Webster County Coal. An administrative law judge (ALJ) awarded benefits for the back injury. However, the ALJ found that, pursuant to Ky. Rev. Stat. 342.730(4), Webster County Coal did not have liability for payment of income benefits in addition to the two years of temporary total disability income benefits Parker had already received. The Workers’ Compensation Board and Court of Appeals affirmed. Parker appealed, arguing that section 342.730(4) is unconstitutional because, under the statute, injured older workers who qualify for normal old-age Social Security retirement benefits are treated differently from injured older workers who do not qualify. The Supreme Court reversed in part, holding that section 342.730(4) is constitutionally infirm on equal protection grounds because there is no rational basis or substantial and justifiable reason for the disparate treatment of two groups of workers.