Khani v. Chiropractic
2015 Ky. LEXIS 76
Ky.2015Background
- An ALJ denied Dr. Khani’s workers’ compensation claim; the Board and Court of Appeals affirmed.
- Dr. Khani alleged work-related injuries to neck, left arm, back, left leg, and dental bridge on several dates while moving or assisting patients.
- Khani owned Alliance Chiropractic, LLC and carried workers’ comp coverage through KEMI; KEMI defended in addition to Alliance.
- Medical opinions varied: Bilkey supported work-related injuries; Best and Fadel argued against work-related injury or limited temporary injury; Travis found no permanent injury.
- The ALJ characterized Khani as a lay witness rather than an expert, a determination the courts review for error.
- The issue ultimately presented was whether Khani suffered a work-related injury and if temporary benefits were due.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ALJ properly treated Khani as a lay witness | Khani contends he offered expert medical opinions as a licensed chiropractor. | ALJ found Khani’s testimony evasive and not based on specialized knowledge, thus non-expert. | ALJ’s lay-witness characterization affirmed; no error found. |
| Whether there was a work-related injury supported by substantial evidence | Khani argues the medical and lay evidence shows an injury from the incidents. | Defendants relied on Drs. Travis and Best; evidence supported no work-related injury. | Substantial evidence supported the ALJ’s finding of no work-related injury. |
| Whether temporary benefits were due given a temporary injury in the absence of an injury | If there was a temporary injury, Khani was entitled to temporary benefits. | Without an injury, temporary benefits do not apply. | Affirmed: no injury means no temporary benefits. |
Key Cases Cited
- Paramount Foods, Inc. v. Burkhardt, 695 S.W.2d 418 (Ky. 1985) (weight and credibility of evidence; standard for appellate review)
- Caudill v. Caudill, 279 S.W.2d 656 (Ky. 1925) (burden of proof and appellate deference to ALJ findings)
- Caudill v. Maloney’s Discount Stores, 560 S.W.2d 15 (Ky. 1977) (standard of review for ALJ credibility findings)
- Staples, Inc. v. Konvelski, 56 S.W.3d 412 (Ky. 2001) (clarifies structural change not required for injury)
- Gibbs v. Premier Scale Co./ Indiana Scale Co., 50 S.W.3d 754 (Ky. 2001) (burden on claimant to prove work-related condition)