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Advance Aluminum Co. v. Leslie1/31/1994
Opinion OF THE COURT
In this workers' compensation case, the issue is whether KRS 342.730(3) authorizes the continuation of disability benefits to dependents of a deceased worker who died from causes unrelated to the employment when the award is for total disability and is therefore to be paid "during such disability." KRS 342.730(1)(a).
Decedent, Everette Leslie, injured his back at work on March 19, 1987. Decedent was married on May 10, 1989, and filed a claim for workers' compensation on May 22, 1989. On June 13, 1989, and before an award was rendered, Mr. Leslie committed suicide. His widow was substituted as party-plaintiff.
The Administrative Law Judge (ALJ) held that Mr. Leslie's death was not work-related and therefore death benefits pursuant to KRS 342.750 were inappropriate. The ALJ also considered KRS 342.610(3) which provides that "liability for compensation shall not apply where the injury, occupational disease, or death to the employee was proximately caused primarily by his intoxication or by his willful intention to injure or kill himself or another." The ALJ concluded that KRS 342.610(3) did not bar claim since,
by its plain words the statute is intended to address the situation where the injury or death giving rise to the workers' compensation action was proximately caused by the worker 's willfull (sic) intention to kill himself rather than to facts sub judice wherein the worker committed suicide after liability to the injury had already attached.
The ALJ awarded continuation benefits pursuant to KRS 342.730(3) which authorizes the payment of a portion of the award to certain classes of survivors when the employee dies from causes unrelated to the occupational injury. The ALJ found that prior to his death, decedent was 100% occupationally disabled due to the back injury, and therefore his widow would received 50% of the rate specified in the award for a period equal to his life expectancy or to terminate upon her remarriage.
On appeal, the Workers' Compensation Board (Board) affirmed the award. The Board reviewed the argument that KRS 342.610(3) barred an award of compensation since decedent had committed suicide. The Board agreed with the ALJ that that statute simply did not govern in this case since the compensable condition (i.e. back injury) was not proximately caused by the suicide.
The Board also carefully reviewed the evidence and concluded that there was sufficient evidence to support the ALJ's decision that decedent was 100% occupationally disabled due to the back injury. Special Fund v. Francis, Ky., 708 S.W.2d 641 (1986).
The Court of Appeals affirmed the Board. Regarding the application of KRS 342.610(3), the court distinguished Wells v. Harrell, Ky. App., 714 S.W.2d 498 (1986), and explained as follows:
Wells does not hold that KRS 342.610 is necessarily a bar where a claimant's subsequent suicide is unrelated to his otherwise compensable work-related injury. Instead, KRS 342.610 applies only where a claimant's work-related injury, whether fatal or not, was proximately caused by her willful intention to so injure or kill herself.
We agree with the Conclusions reached below. Appellant insists that KRS 342.610(3) has been rendered meaningless. We disagree. The special defense provided by KRS 342.610(3) encompasses situations including horse
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