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   State Courts - Kentucky - December 22, 2006

  
Bartee v. Univ. Med. Ctr., NO. 2006-CA-000401-WC AND NO. 2006-CA-000513-WC, COURT OF APPEALS OF KENTUCKY, December 22, 2006, Rendered
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Overview: Because the reopening statute, Ky. Rev. Stat. Ann. § 342.125, did not permit a retroactive award of temporary total disability benefits, the Workers' Compensation Board lacked jurisdiction to consider a worker's claim and the worker was entitled to benefits only from the date a motion to reopen was filed specifically requesting the benefits.

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Gibson v. Gibson, NO. 2004-CA-000313-MR AND NO. 2004-CA-001924-MR, COURT OF APPEALS OF KENTUCKY, December 22, 2006, Rendered
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Overview: Trial court order modifying father's child support obligation required reversal because neither of parties were Kentucky residents; thus, the trial court lacked jurisdiction to modify a child support order under the Uniform Interstate Family Support Act, Ky. Rev. Stat. § 407.5205. However, the trial court retained jurisdiction to enforce its order.

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Kupper v. Commonwealth, NO. 2005-CA-000852-MR, COURT OF APPEALS OF KENTUCKY, December 22, 2006, Rendered
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Overview: Identified citizen's tip that car's occupant had stolen mail from his mailbox was entitled to greater presumption of reliability than an anonymous tip and was sufficient to give an officer reasonable suspicion that defendant was engaged in illegal activity when he stopped her car. Therefore, defendant's motion to suppress was properly denied.

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Sayre Christian Vill. Nursing Home v. Ramsey, NO. 2006-CA-000001-WC, COURT OF APPEALS OF KENTUCKY, December 22, 2006, Rendered
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Overview: Employee, who suffered a work-related back injury, was precluded from recovering medical expenses for her depression through a motion to reopen. Under Ky. Rev. Stat. Ann. § 342.125, employee could not bring a motion to reopen based on a decision known to her during the pendency of her original claim but which she did not present.

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Univ. of Ky. Family Practice v. Leach, NO. 2006-CA-000502-WC, COURT OF APPEALS OF KENTUCKY, December 22, 2006, Rendered
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Overview: ALJ and workers' compensation board properly found that claimant's cumulative injury claim was timely filed under Ky. Rev. Stat. Ann. § 342.185 because, although claim was not filed within two years of manifestation of disability, it could not be said that claimant did not undergo additional harmful changes in two years before filing her claim.

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