Toler v. Fiscal Court
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The Supreme Court reversed the judgment of the court of appeals upholding the opinion and order of the Workers' Compensation Board denying Officer Tracy Toler's petition for reconsideration of the decision of the administrative law judge (ALJ) declining to award Toler an additional two percent impairment rating for pain, holding that a physician that is not licensed in Kentucky does not meet the definition of "physician" under Ky. Rev. Stat. 342.0011(32).
Dr. Craig Roberts conducted an independent medical examination on Toler and assessed a six percent whole person impairment rating. To contest the rating, Toler's employer filed a report by Dr. Christopher Brigham believing a four percent impairment rating was more appropriate. The ALJ found Dr. Brigham's opinion to be more credible than Dr. Roberts' and did not award Toler an additional two percent impairment rating for pain. On appeal, Toler argued that Brigham did not qualify as a "physician" under section 342.0011(32). The court of appeals affirmed. The Supreme Court vacated the ALJ's opinion and order, holding that Dr. Brigham did not meet the statutory definition of "physician" under the statute, and therefore, his report was inadmissible.
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