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Benson''s v. Fields3/27/1997
Here, the ALJ determined that, absent the preexisting psychiatric condition, the work-related injury would have resulted in no occupational disability. Therefore, the Special Fund was held liable for the entire compensable portion of the disability. By limiting the Special Fund's liability to 50% of the award for permanent disability, KRS 342.1202(2) would operate to shift a portion of the liability from the Special Fund to the employer. Under those circumstances, we conclude that the changes in the liability of the defendants embodied in KRS 342.1202(2) were substantive rather than remedial or procedural in nature. Therefore, in the absence of an express statement to that effect, we are not persuaded that the legislature intended for the amendment to be applied to causes of action which arose before its effective date.
The decision of the Court of Appeals is hereby reversed, and the decision of the ALJ is reinstated.
All concur.
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