1. Home
  2. Browse Decisions
  3. S.W.3d
  4. 323 S.W.3d
  5. 323 S.W.3d 696 (2010)
 

ZURICH AMERICAN INS. v. JOURNEY OPERATING

No. 2009-SC-000796-WC.

323 S.W.3d 696 (2010)

ZURICH AMERICAN INSURANCE COMPANY, Appellant, v. JOURNEY OPERATING, LLC; Angela Jeffers, Individually and as Administratrix of the Estate of Patrick Jeffers, Deceased; Susie Bell, Individually and as Administratrix of the Estate of William Bell, Deceased; Myers Completion, Inc.; Honorable Donna H. Terry, Chief Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

October 21, 2010.

Attorney(s) appearing for the Case

A. Stuart Bennett , Jackson Kelly , PLLC, Lexington, KY, Counsel for Appellant, Zurich American Insurance Company.

Barry Lewis , Lewis and Lewis Law Offices, Hazard, KY, Counsel for Appellee, Journey Operating, LLC.

Marcus L. Vanover , Law Offices of Howard O. Mann, PSC, Somerset, KY, Counsel for Appellee, Angela Jeffers , Individually and as Administratrix of the Estate of Patrick Jeffers, Deceased.

Paul F. Henderson , Somerset, KY, Counsel for Appellee, Susie Bell , Individually and as Administratrix of the Estate of William Bell, Deceased.

Kimberly K. Van Der Heiden , Allen, Kopet & Associates, PLLC, Lexington, KY, Counsel for Appellee, Myers Completion, Inc.

OPINION OF THE COURT

This appeal concerns whether KRS 342.125(1) permits an Administrative Law Judge (ALJ) to reopen a final award in order to prevent an insurer from benefiting from its constructive fraud on the tribunal. If so, the question becomes whether substantial evidence supports the finding of constructive fraud and decision to estop the insurer from denying liability at reopening. The Court of Appeals reversed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases