Brenda Hutchison v. Bullitt County Board of Education, 2020 SC 0333

Brenda Hutchison, a teacher, filed a Form 101 alleging multiple work-related injuries between 2012–2014; the ALJ found only a December 7, 2012 fall causing right hip and right shoulder injuries compensable and awarded 7% whole-person impairment.
Hutchison underwent right rotator cuff repair (Nov. 2015) and right hip arthroscopy with labral repair (Aug. 2016) and did not return to work; she moved to reopen (June 7, 2016) asserting worsening and increased impairment.
IME evidence conflicted: Dr. Warren Bilkey (claimant) attributed hip labrum tear and painful gait to the 2012 injury and assessed 17% whole-person impairment; Dr. Thomas Loeb (employer) found objective improvement, 0% hip impairment, 6% shoulder impairment, and no causal link for the shoulder.
The ALJ found Dr. Loeb more persuasive, concluded Hutchison failed to prove worsening or that surgeries were necessitated by the 2012 injury, and denied increased benefits beyond statutory multipliers.
The Workers’ Compensation Board affirmed the failure-to-worsen finding but vacated and remanded the hip-surgery reasonableness/necessity determination; the Court of Appeals affirmed the failure-to-worsen holding, remanded on the hip surgery, and applied the 2018 version of KRS 342.730(4).
Hutchison appealed to the Supreme Court solely contesting the finding she failed to prove her condition worsened; the Supreme Court affirmed the Court of Appeals, deferring to the ALJ’s credibility determination.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Hutchison proved her work-related condition worsened after the original award	Bilkey’s IME shows new/worsened hip and gait problems and a higher impairment (17%); ALJ should have credited Bilkey	Loeb’s IME shows objective improvement, minimal/zero hip impairment, and no causal link for shoulder—ALJ correctly credited Loeb	ALJ credibility determination affirmed; Hutchison failed to meet burden to prove worsening
Whether parts of Loeb’s own impairment findings (6% shoulder) compel finding of worsening	Even Loeb’s measured impairments show increased disability requiring award	Loeb’s findings reflect preexisting degenerative change and improvement overall; no worsening linked to compensable injury	Court rejected plaintiff’s argument; ALJ reasonably resolved conflicts in Loeb’s favor
Whether the hip surgery was compensable and was reasonably necessary	Surgery was for work-related labrum tear caused by the 2012 fall	Employer disputes causal link and necessity	Not addressed on this appeal’s merits; Board and Court of Appeals remanded for further findings on reasonableness/necessity
Which statutory version of KRS 342.730(4) applies to multiplier/tiering	Hutchison argued for favorable version	Employer argued for different version	Court of Appeals (citing Holcim v. Swinford) directed application of 2018 version; Supreme Court did not disturb that procedural remand point

Paramount Foods, Inc. v. Burkhardt, 695 S.W.2d 418 (Ky. 1985) (ALJ has sole authority to assess witness credibility)
Caudill v. Maloney’s Discount Stores, 560 S.W.2d 15 (Ky. 1977) (ALJ may believe or disbelieve parts of the evidence)
Burton v. Foster Wheeler Corp., 72 S.W.3d 925 (Ky. 2002) (claimant bears burden to prove each essential element)
Wolf Creek Collieries v. Crum, 673 S.W.2d 735 (Ky. App. 1984) (appellate reversal requires evidence so overwhelming as to compel different finding)
W. Baptist Hosp. v. Kelly, 827 S.W.2d 685 (Ky. 1992) (scope of appellate review of Board decisions)
McCloud v. Beth-Elkhorn Corp., 514 S.W.2d 46 (Ky. 1974) (absence of substantial evidence needed to overturn factfinder)
Copar, Inc. v. Rogers, 127 S.W.3d 554 (Ky. 2003) (ALJ may choose among conflicting medical opinions)
Whittaker v. Rowland, 998 S.W.2d 479 (Ky. 1999) (appellate courts should not reweigh evidence)
Pruitt v. Bugg Brothers, 547 S.W.2d 123 (Ky. 1977) (weighing of evidence is for the ALJ)
Holcim v. Swinford, 581 S.W.3d 37 (Ky. 2019) (statutory-application guidance cited regarding KRS 342.730)