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KUBAJAK v. LEXINGTON-FAYETTE URBAN COUNTY

No. 2003-SC-0974-WC.

180 S.W.3d 454 (2005)

Charles A. KUBAJAK, Jr., Appellant v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT; Hon. Roger D. Riggs, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

December 22, 2005.

Attorney(s) appearing for the Case

David B. Allen, Lexington, Counsel for Appellant.

Sherri P. Brown, Ferreri & Fogle, Robert L. Swisher, Geralds, Jones, Sherrow, Schrader & Rice, Lexington, Counsel for Appellee.

OPINION OF THE COURT

It is undisputed that the claimant suffers from post-traumatic stress disorder, that the condition is disabling, and that it is work-related. An Administrative Law Judge (ALJ) determined, however, that the condition was due to observing gruesome crime scenes. Therefore, it was not an "injury" as defined by KRS 342.0011(1) and was not compensable. See Lexington-Fayette Urban County Government v. West, 52 S.W.3d 564

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