Glenn Hampton v. Flav-O-Rich Dairies
489 S.W.3d 230
Ky.2016Background
- Claimant Glenn Hampton suffered a stipulated work-related injury on December 30, 2010; an ALJ awarded him permanent total disability benefits.
- Employer Flav-O-Rich sought 25 additional factual findings from the ALJ; the ALJ denied reconsideration, believing his opinion was thorough.
- The Board vacated the ALJ's opinion, finding the ALJ's findings insufficient to permit meaningful appellate review, and remanded for additional findings and further proceedings.
- The Board expressly declined to reach other employer arguments as premature because it remanded for additional factfinding.
- Hampton petitioned the Court of Appeals; the Court dismissed Hampton’s appeal as prematurely filed, finding the Board’s remand order non-final. Hampton sought review in the Supreme Court of Fenturky.
- The Supreme Court reversed the Court of Appeals, holding the Board’s vacatur and remand rendered its decision final and appealable, and remanded to the Court of Appeals to address the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board's remand order is final and appealable | Hampton: Board's remand merely required additional findings; not a final divestiture of rights; appeal should proceed | Flav-O-Rich: Board's order was non-final because it did not divest rights or direct entry of a different award | Court: Board's vacatur of the ALJ opinion divested Hampton of his award; vacatur + remand is final and appealable; Court of Appeals reversed and remanded for consideration of merits |
Key Cases Cited
- Davis v. Island Creek Coal Co., 969 S.W.2d 712 (Ky. 1998) (establishes test for finality: orders that set aside an award or authorize a different award on remand are final)
- Whittaker v. Morgan, 52 S.W.3d 567 (Ky. 2001) (discusses finality and law-of-the-case; portions relied on were dicta here)
- Sidney Coal Co., Inc./Clean Energy Mining Co. v. Huffman, 233 S.W.3d 710 (Ky. 2007) (Board remand for findings can be final where ALJ may enter a different award)
- Saint Joseph Hosp. v. Frye, 415 S.W.3d 631 (Ky. 2013) (standard of review for questions of law is de novo)
- Hook v. Hook, 563 S.W.2d 716 (Ky. 1978) (cited in discussion of finality principles)