five-step analysis in Kentucky

2025In City of Ashland v. Stumbo, 461 S.W.3d 392 (Ky. 2015), the court laid out a five-step analysis which the ALJ must utilize in determining entitlement to permanent total disability.

2022The ALJ found that Metcalf is permanently and totally disabled after performing a five-step analysis pursuant to City of Ashland v. Stumbo, 461 S.W.3d 392, 396-97 (Ky. 2015).

2021The Board remanded the case for him to perform the requisite analysis pursuant to City of Ashland v. Stumbo, 461 S.W.3d 392, 396 (Ky. 2015), which requires an ALJ to undertake a five-step analysis in order to determine whether a claimant is totally disabled, and Ira A. Watson Dept. -4- Store v. Hamilton, 34 S.W.3d 48, 51 (Ky. 2000), which holds that “[a]n analysis of the factors set forth in [Kentucky Revised Statutes] KRS 342.0011(11)(b), (11)(c), and (34) clearly requires an individualized determination of what the worker is and is not able to do after recovering from the work injury.” The B

2021The Board noted that Faris was unsuccessful in his attempt to return to work in March 2018; that he was terminated because his work was unsatisfactory; that Dr. Ballard’s report established that Faris does not have the capacity to return to his previous work; and that “[t]here is no evidence of record establishing that Faris retained the ability to return to his pre-injury work.” The Board concluded that the ALJ had performed the appropriate analysis pursuant to City of Ashland v. Stumbo, supra,3 and Ira A. Watson Department Store v. Hamilton, 34 S.W.3d 48, 51 (Ky. 3 The five-step analysis in

2025On this appeal, Joiner does not assert that the ALJ failed to perform the required analysis. -4- STANDARD OF REVIEW As factfinder, the ALJ has the sole authority to determine the “weight, credibility, substance, and inferences to be drawn from the evidence.” Holcim v. Swinford, 581 S.W.3d 37 , 39 (Ky. 2019) (quoting LKLP CAC Inc. v. Fleming, 520 S.W.3d 382, 386 (Ky. 2017)).

2022“Evidence that would have supported but not compelled a different decision is an inadequate basis for reversal on appeal.” Gaines Gentry Thoroughbreds/Fayette Farms v. Mandujano, 366 S.W.3d 456, 461 (Ky. 2012) (citation omitted). “‘Permanent total disability’ means the condition of an employee who, due to an injury, has a permanent disability rating and has a complete and permanent inability to perform any type of work as a result of an injury[.]” KRS 342.0011(11)(c). “‘Work’ means providing services to another in return for remuneration on a regular and sustained basis in a competitive econom