Podcasts about kentucky court

Episode 88: Calloway County workers' comp attorney Jeff Roberts discusses the process for workers' compensation appeals.  In his more than 30 years of practice, Jeff as taken several cases all the way to the Kentucky Supreme Court, on appeal.  There are a number of types of appeals, which he'll explain in today's episode. Medical Decision Appeals In workers' compensation cases, this is often the first type of appeal that may need to be filed.  Kentucky workers' comp provides generous medical benefits for injured workers.  The insurance company is required to pay all reasonable and necessary expenses for treatments related to the workplace injury.  However, the insurance company can question whether that treatment meets the standard, per the established guidelines.  If the treatment has been denied, even though it was ordered by the treating doctor, the request for treatment can be submitted for utilization review.  This review of the medical records will be performed by another doctor, although he/she might not actually specialize in that specific area of medicine.  Jeff explains that the company handling the utilization process for the insurance company is actually paid by the insurance company.  This could lead to a less than objective outcome, at times. If the utilization review determines that the requested treatment should be denied, this opens the door for the first type of workers' compensation appeals.  The injured worker and his/her treating doctor have the right to appeal the decision from utilization review.  It's possible to appeal on the grounds that the doctor who reviewed the case didn't have the background to properly review the case.  For instance, if your orthopedic specialist recommends a surgery, but the case was reviewed by an internist, this can be appealed. The appeal would then be reviewed by a specialist who does focus in the same area of medicine as the treating doctor.  This is referred to as a request for reconsideration.  At the end of the second review made, the treatment will either be approved or denied.  The injured worker and his/her attorney will be able to appeal the determination to the judge, so long as the case itself has not been decided.  It's the responsibility of the injured worker and the attorney to file this appeal. However, if the dispute arises after the workers' compensation case has been settled, it's the insurance company's responsibility to appeal the decision.  Jeff explains that Kentucky's workers' compensation benefits can last 15 year, and in some cases for a lifetime.  The insurance company has a specific window of time to appeal the treatment.  If they don't file by the deadline, the treatment will usually be approved fairly quickly.  It would be covered by workers' compensation insurance. Appealing the Administrative Law Judge's Decision While the initial claim for workers' comp benefits is active, a decision by the judge may be eligible for a workers' compensation appeal.  For instance, if there's a decision the injury wasn't work-related or the severity of the injury doesn't merit a higher level of benefits.  These types of decisions can be appealed. Either side can appeal the judge's decision.  This could happen if the insurance company feels the benefits being awarded weren't justified by the severity of the injury. These types of workers' compensation appeals are made to the Workers' Compensation Board.  This Board is made up of 3 administrative law judges, appointed by the governor and confirmed by the senate.  This group will look specifically at whether the original judge followed the law in making his/her decision.  It's also possible the judge may have misunderstood the facts, as supported by the evidence.  In essence, the Board is looking for judicial error.  No new evidence will be submitted to the Board.  This appeal is generally based on legal briefs written by the attorneys for each side.  Oral arguments are rare, but they can happen. The Worker's Compensation Board can refuse to allow the case to be appealed, at this time, because the entire claim must be decided before they can get involved.  In other words, the judge handling the initial workers' compensation claim has to make a final ruling.  At that point, the Board can allow the appeal to proceed. Appealing to the Kentucky Court of Appeals Once the Workers' Compensation Board has issued its ruling, either side can appeal to the Kentucky Court of Appeals.  This court doesn't only hear workers' comp cases.  It hears appeals of basically any type of case.  These judges are elected.  Cases, at this level, are heard by a 3-judge panel.  The Court of Appeals is looking to see if the Workers' Compensation Board made an error in its decision.  Again, no new evidence is submitted.  The review and ruling is based on the existing record and legal briefs from the attorneys.  It is possible the court will ask for oral arguments on specific matters.  The Court of Appeals also has the discretion to determine if the decision was legally correct, assuming there has not be legal issue decided by the Kentucky Supreme Court, in a published opinion.  For instance, if there's a question of whether a ruling was constitutional, the Court of Appeals can make that determination.  That type of issue would not fall under the jurisdiction of the Workers' Compensation Board. Do Appeals Impact Attorney Fees? In Kentucky, most workers' compensation attorneys operate on a contingency fee basis.  Their fees are outlined in their contract and limited by Kentucky law.  When a case goes up on appeal, Jeff doesn't get paid more for the additional work. However, if the appeal is successful and results in a larger settlement, the percentage established in the contingency fee agreement remains the same, but now “the bucket” is bigger.  From this perspective, the attorney does get paid more, but only because the settlement was a larger number.  The attorney working for the insurance company works on an hourly rate.  So, if the case goes up on appeal, they would be able to bill the insurance company addition fees, based on the increase in hours required to settle the case.  Nonetheless, the attorney fees for he injured worker aren't affected by this. Appealing to the Kentucky Supreme Court Jeff has argued before the Kentucky Supreme Court several times, for workers' comp cases and other types of case.  He's developed a successful track record there.  Jeff explains that a non-workers' comp case is usually handled by the circuit court.  The appeal goes to the Court of Appeals.  From there, either side can file a motion for discretionary review.  This asks the Kentucky Supreme Court to accept the case.  The Court can decide either to hear it or not to hear that case. In workers' comp cases, the process is different.  The Kentucky constitution allows you to have at least one appeal from a lower court.  The original administrative law judge and the Workers' Comp Board are not considered courts.  Therefore, the first true court decision is made by the Kentucky Court of Appeals.  So, according to our state constitution, you have the right to appeal the decision of that court.  That's why the Kentucky Supreme Court must hear your appeal.  Unlike non-workers' comp cases, it does not have the discretion to refuse to hear the case. The state Supreme Court is looking for issues related to constitutionality or to make a ruling if the law hasn't established how a statute should be interpreted for the first time. Other attorneys have invited Jeff to get involved with a particular case going to the Supreme Court.  He's also been asked by organizations to draft “friend of the court” briefs (also referred to as amicus curiae briefs) which are submitted to the Kentucky Supreme Court.  What Do Other Clients Think About Jeff? We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients.  A 5-Star rating and the comments are earned recognition and demonstrate Jeff's commitment to his clients.  As a solo attorney, he has more Google Reviews than some firms with multiple attorneys.  Jeff shares the credit with his staff at the Roberts Law Office.  Successfully representing injured clients is a team effort.  It's why Jeff likes to say his firm offers small town service with big city results.  Jeff Roberts Represents Injured Clients Throughout Kentucky With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers' compensation clients and social security disability clients across the state.  He's represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations.  He's not just a Western Kentucky injury attorney.  We hope you found this episode insightful and helpful.  Thank you for listening!                                                                                                      Is It Time to Speak with an Attorney about Your Workers' Compensation Claim? The office phone number is (270) 753-0053 or toll free at 800-844-5108.  For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff's principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Trespass to land is a common law tort or crime that is committed when an individual or the object of an individual intentionally (or, in Australia, negligently) enters the land of another without a lawful excuse. Trespass to land is actionable per se. Thus, the party whose land is entered upon may sue even if no actual harm is done. In some jurisdictions, this rule may also apply to entry upon public land having restricted access. A court may order payment of damages or an injunction to remedy the tort. By law, trespass for mesne profits is a suit against someone who has been ejected from property that did not belong to them. The suit is for recovery of damages the trespasser caused to the property and for any profits he or she may have made while in possession of that property. For a trespass to be actionable, the tortfeasor must voluntarily go to a specific location but need not be aware that he entered the property of a particular person. If A forces B unwillingly onto C's land, C will not have action in trespass against B, because B's actions were involuntary. C may instead claim against A. Furthermore, if B is deceived by A as to the ownership or boundaries of C's land, A may be jointly liable with B for B's trespass. In most jurisdictions, if a person were to accidentally enter onto private property, there would be no trespass, because the person did not intend any violation. However, in Australia, negligence may substitute the requirement for intent. If a trespass is actionable and no action is taken within reasonable or prescribed time limits, the landowner may forever lose the right to seek a remedy, and may even forfeit certain property rights. Refer also to Adverse possession and Easement by prescription. Trespass may also arise upon the easement of one person upon the land of another. For example, if A grants B a right to pass freely across A's land, then A would trespass upon B's easement by erecting a locked gate or otherwise blocking B's rightful access. In some jurisdictions trespass while in possession of a firearm, which may include a low-power air weapon without ammunition, constitutes a more grave crime of armed trespass. The maxim "cuius est solum, eius est usque ad coelum et ad infernos" (whoever owns the land owns it all the way to heaven and to hell) is said to apply, however that has been limited by practical considerations. For example, aerial trespass is limited to airspace which might be used (therefore aeroplanes cannot be sued). Landowners may not put-up structures to prevent this. The courts have been more lenient with putting up structures to prevent underground trespass. The Kentucky Court of Appeal in Edwards v Sims (1929) seems to affirm the maxim without qualification, whereas the New South Wales Supreme Court in Australia seemed more reluctant to do so in Di Napoli v New Beach Apartments (2004). There is therefore an asymmetry between aerial and underground trespass, which may be resolved by the fact the ground is almost always used (to support buildings and other structures) whereas airspace loses its practical use above the height of skyscrapers. --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

Episode 14:  Calloway County personal injury attorney Jeff Roberts discusses his win at the Kentucky Supreme Court, in a workers' compensation case.  In a recent episode, we covered the fact that Jeff currently has several cases in front of the Kentucky Supreme Court.  This is the first of that group to be decided. The case we'll talk about today involved Steven Spillman, a former Calloway County sheriff's deputy who was injured on the job in 2007.  Murray attorney Michael (“Mike”) Pittman originally handled the deputy's claim.  It was resolved and later reopened in 2013 due to additional complications.  This issue was also successfully resolved.  However, in 2017 the deputy had to have an additional surgery, related to the original 2007 back injury.  There were medical complications and Mr. Spillman passed away from those complications. Kentucky worker's compensation law provides for a case to be reopened after the original case is resolved.  This special circumstance exists to ensure injured workers have adequate access to medical treatment for their injuries and future medical needs.  A new law was passed in 2018 that could impact this access. The complicating factor is that a case can be reopened, as long as it is within 4 years of a judge's order on the case.  The period between the 2013 surgery and the 2017 surgery is the basis for the legal challenge.  The spouse also had potential claims involved related to survivor benefits.  Attorney Pittman contacted Jeff to assist (“co-counsel”) with the case, at that point.  It turns out that the survivor benefits ended up being a key issue before the Court. In Kentucky, the workers' compensation system provides benefits to the surviving spouse, minor children or anyone who is dependent upon the deceased worker.  There is another provision which allows the estate to get a lump-sum death benefit, if the death occurs within 4 years of the work-related injury.  Jeff was able to win the case for survivor benefits, but did not prevail on the issue related to the estate. Going forward, Jeff's victory at the Kentucky Supreme Court will have a major impact for working families in Kentucky.  Current and future claims will be able to refer to (“cite”) the decision as a basis for their cases. Do Attorney's Fee Increase if an Attorney Uses Co-Counsel? Jeff explains that it depends.  If the attorneys are working on a contingency-fee basis, the fee will be a percentage of the amount recovered.  In the Spillman case, described above, the percentage did not change.  The fee was divided between the attorneys, but didn't cost the family an additional percentage or separate attorney's fee. In many Kentucky personal injury cases, such as a car wreck case, the percentage for attorney's fees is 1/3.  If the attorney decides to bring in another attorney, the fee doesn't suddenly increase to 2/3.  It remains at 1/3 and that percentage will be divided among the attorneys.  Each firm has the right to establish its own contract related to fees, but this is generally the cases. If the attorneys are working on an hourly-basis, instead of a contingency-fee basis, attorneys will generally charge the client for the billable hours based on their work.  Under this arrangement, it is possible to receive multiple fees from multiple attorneys (based upon their agreed up on hourly rates).  However, this typically isn't how an injury case works.  How Does a Workers Compensation Case Make It to the KY Supreme Court? Kentucky workers' compensation claims are considered administrative law (e.g. there's no jury trial).  Initially, the claim is tried before an administrative law judge.  After that decision is rendered, either side can appeal it, assuming there's a legitimate legal reason to do so. The decision would then go to the Workers' Compensation Board, which is made up of a 3-member panel.  This is considered the first appellate level.  It's still at the administrative level.  They look to see if the judge made an error of the la or an error in assessing or understanding the facts.  If they determine an error was made, the Board sends the case back to the judge to correct his/her error.  Again, either side can now allow the judge to revisit the case or they can appeal the case to the Kentucky Court of Appeals. The Kentucky Court of Appeals is the second appellate level.  This Court is looking to see if the Workers' Compensation Board commit an error or law in how it decided the appeal or if the decision resulted in a gross misjustice.  This is an even higher standard.  The case can be remanded back (returned) to the administrative law judge.  They can affirm the original decision by the judge.  They can affirm the Workers' Comp Board's decision in returning it to the judge.  They could also overrule the Workers' Comp Board's determination of an error and then specific a different error, remanding it back to the original judge. At this point, either side can then decide to appeal the workers' comp case to the Kentucky Supreme Court.  This is the third appellate level.  The KY Supreme Court cannot decide not to hear the case.  This is different from cases attempting to be heard before the US Supreme Court.  The Kentucky Constitution states that a party is entitled to at least one appeal from a lower court.  Remember, the Kentucky workers' comp system is handled as an administrative process.  The general understanding is that the first actual court hearing the workers' comp case is the KY Court of Appeals, so per the Kentucky Constitution, the party has a right to appeal to the KY Supreme Court. There are many factors to consider in deciding to appeal a case.  It can be a very emotional situation.  Because either side can appeal, the decision can be delayed much longer than initially expected.  The consideration of the time-line is a factor Jeff spends a lot of time discussing with his clients.  For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff's principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.  

Episode 327: Adam Banks and Amber Turner discuss the following in this episode. 1. The First 2020 Presidential Debate 2. Presidential Debates throughout history 3. The 2020 NBA Finals Round 1 4. The MLB Playoffs have begun! 5. White House Facts and a little bit about Camp DavidPLUS!!!Adam Banks Interviews 21st Judicial Circuit Second Division Circuit Judge, David Barber. (Rowan, Bath, Menifee and Montgomery Counties)DAVID'S BIO: David Barber earned a bachelor's degree in communications from the University of Louisville in 1960, a master's degree in speech communication from the University of Illinois at Urbana-Champaign in 1991, and a J.D. from the University of Louisville Louis D. Brandeis School of Law in 1994. At the time of his appointment, Barber was a partner at the law firm of Richardson, Barber & Williamson in Owingsville, Ky. He also served as a policy and legal advisor to House Speaker Greg Stumbo. Barber was a Kentucky Court of Appeals judge from 2000 to 2007. In the early 1990s, Barber was general counsel to the House of Representatives before his appointment as an administrative law judge with the Kentucky Department of Workers’ Claims. Early in his legal career, Barber served as the attorney for the city of Martin and the Floyd County School Board and was elected as Floyd County attorney.Follow Judge Barber:https://judgebarber.com/Follow OFF THE CUFF: FB: @offthecuffwithadambanksIG:@offthecuffwithadambanksTwitter:@theadambanksIG:@theadambanksSubscribe on Itunes, Spotify, YouTube

Don Jans All Terrorists desire to destroy our country. Whether Jihadi's or Communists Lathan Watts First Liberty Navy keeps Chaplain Program for CAtholic Enlisted, Kentucky Court ruling could help Melissa Klein case. Private School in Santa Cruz CA has its Christian Rights attacked. Tim Constantine Capitol Watch Hypocrisy of the left and the radical difference. Michelle Obama Racist claims are just efforts to divide us and destroy our nation. George Barna ACU CRC Where is the church? Lack of leadership and the lack of the five fold ministry. America needs a strong church.

We cover everything from Toy Tiger to Topgolf in this week's episode of the Access Louisville podcast. Topgolf has been back in the local news during the last week as a legal appeal appears set to move forward this summer. A group of residents had sued the company over its plans to build one of its signature driving range/bar hybrids at Oxmoor Center. The Kentucky Court of Appeals has assigned a panel of judges to the appeal, which is expected to take up the case in June.As usual we cover a couple different topics on this week's show. Early on we talk about media coverage of coronavirus — including some local angles we've pursued and whether or not media coverage has been over the top.And then we get into a little Super Tuesday talk — was it surprising that Biden made such a comeback? Here are the timestamps:• 1:02 — Toy Tiger and old bar stories• 7:44 — Coronavirus media coverage• 16:36 — The latest on Topgolf • 23:15— Was Super Tuesday a surprise?

Today's guest is Judge Pamela Goodwine who was elected to the Kentucky Court of Appeals to serve Division 1 of the 5th Appellate District. Judge Goodwine was the first African-American female judge in Fayette County, Kentucky. Soapbox Diaries on Facebook: @soapboxdiaries Host Email: soapboxdiaries50@gmail.com

Charles Byers, the chief information officer for the Kentucky Court of Justice, said you should assume you’ll become the victim of a cyberattack. He should know. It happened twice to Kentucky. The first time Kentucky didn’t have an incident response plan. The second time it did. And that made a big difference. He urges all court leaders to have a plan to restore service after they become the victim of an attack.

Dr. Donielle M. Lovell is currently an Associate Professor of Sociology at Western Kentucky University. Originally hailing from Salamanca, NY—home to the Seneca Nation of Indians, she has happily settled in Elizabethtown, KY. She earned a Bachelor’s Degree in Social Science Education (2001) and Master’s in Community Development (2004) from Delta State University. Dr. Lovell also earned a PhD in Rural Sociology from the University of Missouri—Columbia (2009). Her areas of expertise include race, social class and gender particularly within the context of community development processes. Over the last several years, Dr. Lovell has facilitated research on both restitution initiatives for juveniles and disproportionate minority contact in the juvenile justice system in Kentucky. This includes securing grants totaling nearly $150,000. An active member of both the campus and local community, she was awarded the Kentucky Court of Justices Law Related Education Award in 2011 for her work on juvenile justice issues. She has served on national boards of organizations such as the Rural Sociological Society. Locally, she serves on the boards of the Hardin County BRIDGES Council and Warm Blessings. In 2018, Dr. Lovell was a candidate for state representative in the 18th district. Married to her husband Jason and parent to her fiery daughter Abigail, Dr. Lovell is passionate and committed to ensuring our community, state, nation and world are left a better place for the Seventh Generation.

Discussion of: (1) two transgender rights breakthroughs under federal law in May; (2) Title VII developments in the Second Circuit; (3) a Kentucky Court of Appeals decision that a vendor did not violate a local antidiscrimination ordinance when it refused to make pride t-shirts; and (4) the wonderful marriage equality news out of Taiwan. Visit le-gal.org to learn more about The LGBT Bar Association of Greater New York and to subscribe to LGBT Law Notes, the most comprehensive monthly publication summarizing legal and legislative developments affecting the LGBT community here and abroad.

William Howerton is a native and resident of Paducah, Kentucky. He is a retired judge of the Kentucky Court of Appeals and served as chief judge from 1986 through 1990. He is a Korean veteran and a retired lieutenant colonel from the USAF Reserve. He graduated from the University of Kentucky with a BS in commerce and a Juris Doctor degree. He is presently chairman of a charitable foundation. Visit the Judge's website at UnderstandingGodsContracts.com

J. William Howerton is a native and resident of Paducah, Kentucky. He is a retired judge of the Kentucky Court of Appeals and served as chief judge from 1986 through 1990. He is a Korean veteran and a retired lieutenant colonel from the USAF Reserve. He graduated from the University of Kentucky with a BS in commerce and a Juris Doctor degree. He is presently chairman of a charitable foundation. So you believe in Jesus Christ-or you think you ought to believe-or at least want to know more of what Christianity is all about. To anyone, this book will provide a short course to understanding Christianity. Even the well-versed Christians will glean some extra-solid food to grow in their understanding. It is not enough to be a bit familiar or have some knowledge of what it is all about. To maintain our own faith and belief when challenged, and certainly to be able to explain Christianity to others, we need answers and understanding. This book will send you in the right direction to understand God's contract or relationship with man and have a closer personal relationship with Jesus Christ and the Holy Spirit.

J. William Howerton is a native and resident of Paducah, Kentucky. He is a retired judge of the Kentucky Court of Appeals and served as chief judge from 1986 through 1990. He is a Korean veteran and a retired lieutenant colonel from the USAF Reserve. He graduated from the University of Kentucky with a BS in commerce and a Juris Doctor degree. He is presently chairman of a charitable foundation. So you believe in Jesus Christ-or you think you ought to believe-or at least want to know more of what Christianity is all about. To anyone, this book will provide a short course to understanding Christianity. Even the well-versed Christians will glean some extra-solid food to grow in their understanding. It is not enough to be a bit familiar or have some knowledge of what it is all about. To maintain our own faith and belief when challenged, and certainly to be able to explain Christianity to others, we need answers and understanding. This book will send you in the right direction to understand God's contract or relationship with man and have a closer personal relationship with Jesus Christ and the Holy Spirit.