Fannie L. Cruse v. Henderson County Board of Education
2015 SC 000506
| Ky. | Dec 12, 2017Background
- Cruse, a 71-year-old employee of Henderson County Board of Education, tripped on a playground on Oct. 14, 2010, reporting injuries to multiple body parts.
- The Administrative Law Judge (ALJ) found only Cruse's left shoulder permanently injured, awarding income and medical benefits with a two-year limit under KRS 342.730(4).
- The Workers' Compensation Board and Court of Appeals affirmed the ALJ’s findings.
- Medical evidence showed several pre-existing conditions (cervical spine, knees, right shoulder) were asymptomatic before the work accident; treating physicians released Cruse with no permanent restrictions for those conditions.
- Independent medical evaluations produced competing views: Dr. Primm found only the left shoulder permanently injured; Dr. Barefoot attributed substantial impairment to multiple conditions; the ALJ ultimately credited Dr. Primm as most persuasive.
- The court addressed whether KRS 342.730(4) violates equal protection and, applying Parker v. Webster County Coal, remanded to extend Cruse’s benefits beyond the statutory two-year limit
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Extent of permanent injury | Cruse contends multiple pre-existing conditions were permanently aroused | County asserts only left shoulder is permanently injured | Only left shoulder permanently injured; other conditions not permanently related |
| Disability duration and benefits | Cruse seeks permanent total disability or enhanced benefits | Evidence does not show permanent total disability or eligibility for enhancement | Not permanently and totally disabled; not entitled to enhanced benefits |
| Constitutional/Equal protection issue | KRS 342.730(4) violates equal protection for older workers | Statute applies equally; no constitutional flaw | KRS 342.730(4) violates equal protection; remand to extend benefits without the statute |
| Pre-existing dormant conditions | Evidence shows arousal of dormant conditions due to work injury | Medical record evidence did not support permanent arousal of those conditions | Cruse proved arousal but not to compel a different result; only left shoulder remains permanent |
Key Cases Cited
- Finley v. DBM Techs., 217 S.W.3d 261 (Ky. App. 2007) (defines pre-existing dormant conditions and arousal concepts)
- Ira A. Watson Dept. Store v. Hamilton, 34 S.W.3d 48 (Ky. 2000) (discusses work and disability framework for permanent impairment)
- Special Fund v. Francis, 708 S.W.2d 641 (Ky. 1986) (standard of review and burden of proof in workers’ compensation appeals)
- U.S. Bank Home Mortgage v. Schrecker, 455 S.W.3d 382 (Ky. 2014) (de novo review of constitutional questions in wage and benefits matters)
- Burns v. Level, 957 S.W.2d 218 (Ky. 1997) (age-related equal protection discussion in workers’ compensation)