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GRAY v. TRIMMASTER

No. 2004-SC-1027-WC.

173 S.W.3d 236 (2005)

Nicola (Brown) GRAY Appellant, v. TRIMMASTER; Hon. J.Landon Overfield, Administrative Law Judge; and Workers' Compensation Board Appellees.

Supreme Court of Kentucky.

As Corrected September 27, 2005.

Attorney(s) appearing for the Case

John W. Hardin, Stuart & Hardin, Versailles, Counsel for Appellant.

James B. Compton, Donald Cameron Walton, III, Clark & Ward, PLLC, Lexington, Counsel for Appellee.

OPINION OF THE COURT

In defining the term "injury," KRS 342.0011(1) requires that a work-related harmful change in the human organism must be "evidenced by objective medical findings." Despite acknowledging that the employer failed to file a timely Form 111, the Administrative Law Judge (ALJ) dismissed the claimant's application for benefits after determining that there were no objective medical findings of a harmful change in the human organism and, therefore,...

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