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Bright v. American Greetings Corporation12/20/2001
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As long as that rule is in place, however, our ability to revisit our previous erroneous constitutional interpretation will be limited, and we will have bracketed away questions concerning whether this additional layer of mandatory review from an ALJ determination -- a total of three (3) layers of review -- is appropriate in light of Kentucky Constitution ยง 115's mandate that " rocedural rules shall provide for expeditious and inexpensive appeals."
As I stated previously, I believe it is time for this Court to reconsider Vessels and to re-examine CR 76.25(12). Until that time, however, I emphasize that I review the merits of workers' compensation matters brought before this Court by appeal not because I believe such review is constitutionally mandated, but solely because this Court has chosen, in my opinion improvidently, to accept appellate jurisdiction over such matters by adopting CR 76.25(12).
GRAVES, J., joins this concurring opinion.
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