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| Bishop v. Manpower, Inc., NO. 2006-CA-000351-MR,
COURT OF APPEALS OF KENTUCKY, December 15, 2006, Rendered
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Overview: Summary judgment entered in favor of the employer was reversed because the employee had provided some evidence that the employer's reason for terminating the employee was based upon the fact that the employee had a potential workers' compensation claim, in violation of Ky. Rev. Stat. Ann. § 344.040 and Ky. Rev. Stat. Ann. § 342.197.
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| Booth v. CSX Transp., Inc., NO. 2005-CA-002568-MR,
COURT OF APPEALS OF KENTUCKY, December 15, 2006, Rendered
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Overview: It was error for the trial court to grant summary judgment in favor of the employer, in the employee's FELA claim, because employee had presented evidence that the employer had provided a walking surface that did not meet standards for grading the rail surface and that the walkway conditions caused or contributed to the employee's knee injuries.
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| Botto v. Commonwealth, NO. 2005-CA-002081-MR,
COURT OF APPEALS OF KENTUCKY, December 15, 2006, Rendered
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Overview: Although, for Fourth Amendment purposes, defendant was seized by the police, there was adequate support for a reasonable suspicion that defendant might be involved in criminal activity and that a brief investigatory stop was justified. When police arrived, defendant was in the company of a methamphetamine trader known to one of the police officers.
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| Cont'l Gen. Tire v. Looper, NO. 2005-CA-002619-WC,
COURT OF APPEALS OF KENTUCKY, December 15, 2006, Rendered
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Overview: Pursuant to Ky. Rev. Stat. Ann. § 342.125(1)(c), it was proper for an ALJ to vacate an agreed order on the ground that it was a mistake to reduce a worker's benefits without consideration, without acknowledgement by the worker, and without the ALJ's informed approval.
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| GE v. Turpen, NO. 2006-CA-001072-WC,
COURT OF APPEALS OF KENTUCKY, December 15, 2006, Rendered
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Overview: Employee's claim to reopen, pursuant to Ky. Rev. Stat. Ann. § 342.125, was not barred as untimely or for lack of notice because the employee gave reasonable notice after she learned that her depression might be work related. The employee was not required to give notice to the employee before filing for reopening under § 342.125.
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