Holcim v. Swinford

The Supreme Court affirmed in part and reversed in part the opinion of the court of appeals affirming the administrative law judge's (ALJ) award of permanent partial disability benefits based on Employee's treating doctor's impairment rating, holding (1) Employee met his burden of proving the extent of the injury attributable to his work injury; but (2) the court of appeals erred in holding that Ky. Rev. Stat. 342.730(4) was not retroactive.

Specifically, the Court held (1) the ALJ relied upon substantial evidence in finding Employee's work injury to be the combination of the exacerbation of a dormant pre-existing condition and a new injury; and (2) while the court of appeals was correct in addressing the retroactivity of section 342.703(4), the court erred in holding that the statute was not retroactive. The Court remanded this matter to the ALJ for further proceedings consistent with this opinion.