385 S.W.3d 420
Ky.2012Background
- Keaton suffered a work-related hearing loss after ~35 years as a heavy equipment operator at surface mines.
- KRS 342.7305(4) assigns exclusive liability for benefits to the employer last injuriously exposed to hazardous noise.
- ALJ linked Greg’s Construction to the last injurious exposure based on Keaton’s testimony of loud noise at Greg’s.
- Record includes audiograms and medical opinions suggesting noise-induced, repetitive exposure.
- The Workers’ Compensation Board and Court of Appeals affirmed the ALJ’s liability ruling in Greg’s favor.
- Greg’s challenged injury causation, last-exposure attribution, and the statutory exclusivity provision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Keaton sustained a compensable injury. | Keaton’s pattern of hearing loss and test results show an injury. | Greg’s contends no injury proven to be work-related. | Yes; substantial evidence supports a work-related injury. |
| Whether the injury was caused by Keaton’s employment with Greg’s. | Exposure at Greg’s contributed to the injury. | Greg’s argues causation not proven at Greg’s level. | Yes; record supports repetitive exposure linked to Greg’s.”},{ |
| Whether KRS 342.7305(4) requires last-employer liability only. | Liability should flow to last injurious exposure. | Apportionment or other employer liability possible. | Yes; statute exclusive to last exposure employer. |
| Whether liability can be apportioned among multiple employers. | Not expressly prohibited where evidence supports apportionment. | Statute unambiguously assigns exclusive liability to last employer. | No; liability cannot be apportioned under 342.7305(4). |
| Whether the record supports treating hearing loss as a qualifying injury under Chapter 342. | Audiograms/pattern of loss meet presumption criteria. | Greg’s challenges presumption with respect to last exposure. | Yes; presumption satisfied; injury recognized. |
Key Cases Cited
- Roark v. Alva Coal Corporation, 371 S.W.2d 856 (Ky.1963) (authority on workers’ compensation and injurious exposure concepts)
- Wolf Creek Collieries v. Crum, 673 S.W.2d 735 (Ky.App.1984) (precedent on exposure and liability principles)
- Snawder v. Stice, 576 S.W.2d 276 (Ky.App.1979) (cited regarding evidentiary standards in claims)
- Paramount Foods, Inc. v. Burkhardt, 695 S.W.2d 418 (Ky.1985) (guidance on statutory interpretation in workers’ comp)
- Caudill v. Maloney’s Discount Stores, 560 S.W.2d 15 (Ky.1977) (authorities on procedural and evidentiary aspects)