The City of Louisville challenged the award of attorney fees on the grounds that it constitutes an unjust taking of property that KRS 342.320(2)(c) is arbitrary class legislation that it denies the employer both procedural and substantive due process and that it violates both the United States and Kentucky Constitutions. The City of Louisville then appealed the Board's ruling to the Court of Appeals. Slack then moved for an award of attorney fees pursuant to KRS 342.320(2)(c), and the ALJ awarded a fee of $4,000.00, to be assessed against the City of Louisville, which appealed the award to the Workers' Compensation Board (Board). The ALJ determined that Slack was totally disabled and awarded a period of temporary total disability benefits, an award more favorable than that of the arbitrator.

He was awarded a 40 percent permanent partial disability benefit by an arbitrator, after which the employer sought de novo review before an ALJ pursuant to KRS 342.275.

We hold that the statute is unconstitutional and reverse the decision of the Court of Appeals.Ĭlaimant, Larry Slack, was injured in August 1996, while employed as a park maintenance worker for the City of Louisville, and filed a workers' compensation claim in May 1997. This workers' compensation appeal concerns the constitutionality of the 1996 amendment to KRS 342.320(2)(c), requiring an employer or its carrier to pay up to $5,000.00 of an injured worker's attorney fees if the employer appeals an award by an arbitrator or Administrative Law Judge (ALJ) and does not prevail. Turner, Commissioner, Department of Workers' Claims, Frankfort, Counsel for Appellee, Workers' Compensation Board. Terry, Chief Administrative Law Judge, Department of Workers' Claims, Frankfort, Counsel for Appellee, Donna H. Clark, Louisville, Counsel for Appellees, Freeda M. Alexander III, Dana Taylor Skaggs, Tilford, Dobbins, Alexander, Buckaway & Black, Louisville, Counsel for Appellant.įreeda M.

Terry, Administrative Law Judge and Workers' Compensation Board, Appellees. Larry SLACK Freeda Clark, Individually Donna H.

Slack fees