occupational disease claim in Kentucky

1992Island Creek Coal Co. v. Davis, Ky.App., 761 S.W.2d 179 (1988).

1991U.S. Steel v. Wells, supra; Island Creek Coal v. Davis, Ky.App., 761 S.W.2d 179 (1988).

2024The Kentucky Supreme Court held that the ALJ relied on objective evidence -10- showing that the claimant had been exposed to carcinogenic chemicals. 542 S.W.3d at 271-72 .

2023Thus, the Board’s previous recommendation that the ALJ “clearly outline his decision as it relates to an occupational disease claim, not as an injury claim” was “unavailing dicta.” -6- explanation clearly informs all parties of the basis for his decision as required by Shields v. Pittsburgh & Midway Coal Mining Co., 634 S.W.2d 440 (Ky. App. 1982).

2023Thus, the Board’s previous recommendation that the ALJ “clearly outline his decision as it relates to an occupational disease claim, not as an injury claim” was “unavailing dicta.” -6- explanation clearly informs all parties of the basis for his decision as required by Shields v. Pittsburgh & Midway Coal Mining Co., 634 S.W.2d 440 (Ky. App. 1982).

2006Consistent with the mechanism by which repetitive exposure to hazardous noise destroys the membranes of the inner ear, KRS 342.7305(4) characterizes hearing loss caused by such exposure as being an “injury.” See Caldwell Tanks v. Roark, 104 S.W.3d 753 (Ky.2003).

2006Consistent with the mechanism by which repetitive exposure to hazardous noise destroys the membranes of the inner ear, KRS 342.7305(4) characterizes hearing loss caused by such exposure as being an "injury." See Caldwell Tanks v. Roark, 104 S.W.3d 753 (Ky.2003).

2000The Court noted that it did not believe the evidence supported a finding that the claimant had experienced such a distinct manifestation of the disease, referring to Blue Diamond Coal Co. v. Stepp, Ky., 445 S.W.2d 866 (1969), where the Supreme Court stated that: [T]he work[er] should be deemed to be disabled from silicosis, for the purpose of notice requirements, when circumstances exist from which the workman realizes or reasonably should realize that his capacity to perform his work is impaired by reason of silicosis.

1997In Stambaugh v. Cedar Creek Mining Co., Ky., 488 S.W.2d 681 (1972), a claimant’s occupational disease claim had been dismissed on the merits.

1995See Tele-dyne-Wirz, supra; Beale v. Shepherd, Ky., 809 S.W.2d 845 (1991).

1994Estep Coal Co. v. Ward, Ky., 421 S.W.2d 367 (1967); Osborne v. Blackburn, Ky., 397 S.W.2d 144 (1965).

1994Estep Coal Co. v. Ward, Ky., 421 S.W.2d 367 (1967); Osborne v. Blackburn, Ky., 397 S.W.2d 144 (1965).

1991U.S. Steel v. Wells, supra; Island Creek Coal v. Davis, Ky.App., 761 S.W.2d 179 (1988).