Granger v. Louis Trauth Dairy
2010 Ky. LEXIS 295
| Ky. | 2010Background
- claimant injured his right leg when a case of milk struck him on August 15, 2007, causing a welt and later bruising.
- Bruising persisted and progressed to an open, draining sore; claimant sought medical treatment beginning November 7, 2007.
- Claimant notified Ed Kramer of the injury in November 2007 and later discussed reporting with Wiseman; accident report was prepared in January 2008.
- Employer personnel testified they had no knowledge of a work injury until medical treatment began; no immediate accident report was filed.
- ALJ dismissed the claim for failure to give timely notice as required by KRS 342.185; Board and Court of Appeals affirmed.
- Issue on appeal: whether delay was excused under KRS 342.200 due to mistake or other reasonable cause; and whether notice was timely under KRS 342.185/190.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether delay is excused under KRS 342.200 | Granger argues mistake/other reasonable cause excused delay. | Trauth Dairy argues no excusable delay; notice not timely. | Not excused; no overwhelming evidence compelling timely notice. |
| Whether notice was given 'as soon as practicable' under KRS 342.185/190 | Delay due to mistaken belief injury was minor; notice given when seriousness learned. | Delay unreasonable, regardless of belief about injury severity. | Not timely; three-month delay not justified under 'as soon as practicable' standard. |
Key Cases Cited
- Trico County Development & Pipeline v. Smith, 289 S.W.3d 538 (Ky.2008) (purpose of 342.185 notice threefold; prompt medical, investigation, prevent fictitious claims)
- Smith v. Cardinal Construction Co., 13 S.W.3d 623 (Ky.2000) (premises about notice and purpose of immediate reporting)
- Harlan Fuel Co. v. Burkhart, 296 S.W.2d 722 (Ky.1956) (distinguishes notice for accident vs. occupational disease)
- Proctor & Gamble Mfg. Co. v. Little, 357 S.W.2d 866 (Ky.1962) (mistaken personal diagnosis can excuse late notice)
- Whittle v. General Mills, Inc., 252 S.W.2d 55 (Ky.1952) (notice standard precedents for timely reporting)
- Purchase Transp. Services v. Estate of Wilson, 39 S.W.3d 816 (Ky.2001) (greater latitude review for mixed questions of law and fact)
- Firestone Textile Co. Div., Firestone Tire and Rubber Co. v. Meadows, 666 S.W.2d 730 (Ky.1983) (liberal construction of workers' compensation statutes)