Cheryl Blaine v. Downtown Redevelopment Authority, Inc.

Summary

The Kentucky Supreme Court affirmed the Court of Appeals' decision concerning Cheryl Blaine's workers' compensation claim arising from a 2007 work-related injury. The Court held that returning to work with employer accommodations may satisfy KRS 342.730(1)(c)2 and that the Administrative Law Judge must apply the Fawbush analysis to determine the appropriate permanent partial disability benefit if permanent total disability is not established. The case was remanded for further findings regarding whether Blaine was likely to continue earning a wage equal to or greater than her pre-injury wage for the indefinite future.

Holdings

1. An employee returns to work under KRS 342.730(1)(c)2 when the employee returns to the workforce, provides services for remuneration on a regular and sustained basis, and earns a wage equal to or greater than the pre-injury average weekly wage; the statute does not require the employee to work without accommodations or job modifications.
2. When the evidence permits either KRS 342.730(1)(c)1 or KRS 342.730(1)(c)2 to apply, the administrative law judge must determine which provision is more appropriate under the facts by applying the Fawbush analysis; a triple benefit under subsection (c)1 is not automatically required.
3. Valid stipulations of fact are binding on the administrative law judge, the Workers' Compensation Board, and the reviewing courts, and the stipulations established that Blaine returned to work at a wage equal to or greater than her pre-injury average weekly wage.

Questions Presented

1. Whether an employee who returns to work with employer-provided accommodations has returned to work within the meaning of KRS 342.730(1)(c)2.
2. Whether the Fawbush framework should be limited to employees who return to work without modifications or accommodations.
3. Whether the stipulated facts conclusively established that Blaine returned to work at a wage equal to or greater than her pre-injury average weekly wage.
4. Whether the Workers' Compensation Board properly remanded for a determination of permanent total disability and, if necessary, a proper third-prong Fawbush analysis.

Disposition

affirmed