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Commonwealth5/13/2005
l of the Cabinet's appeal from the circuit court's interlocutory order the case was remanded and the Board entered a new order. Despite language in the circuit court's order that Boyce and Dorothy's daughter were entitled to seek damages, no award was made to either by the Board. The award was only to Dorothy's estate. Thus, any error in the circuit court's interlocutory order regarding the right to recover damages by either Boyce or Dorothy's daughter in their individual capacities is rendered moot by the Board's final order that was affirmed by the circuit court.
The Cabinet raises no issue concerning the correctness of the Board's final award. It is apparently conceded and is recognized by this court that, after a lengthy battle by both the estate and the Cabinet, the Board ultimately reached the correct result. After the circuit court entered its interlocutory order, the Supreme Court rendered Boarman v. Commonwealth , a case that directly addresses the issue of offsetting collateral source payments in excess of the maximum statutory award. The court held that only such payments that are made to the estate are to be offset against the award and those payable to individual beneficiaries of the estate are not offset. Thus, proceeds from a life insurance policy paid to an individual beneficiary are not offset; medical expenses and basic reparation benefits paid to the estate, however, are offset. The Board in this case precisely followed the law as set forth in Boarman. There is no error.
The order of the Green Circuit Court is affirmed.
ALL CONCUR.
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