STEEL CREATIONS v. INJURED WORKERS

2016-SC-000217-WC, 2016-SC-000222-WC.

532 S.W.3d 145 (2017)

STEEL CREATIONS BY AND THROUGH KESA, THE KENTUCKY WORKERS' COMPENSATION FUND; Preston Highway Metered Concrete, By and Through KESA, The Kentucky Workers' Compensation Fund; Murray Electronics, By and Through KESA, The Kentucky Workers Compensation Fund; Family Allergy and Asthma, By and Through KESA, The Kentucky Workers' Compensation Fund; and Samaritan Alliance, By and Through KESA, The Kentucky Workers' Compensation Fund, Appellants v. INJURED WORKERS PHARMACY; Kevin Kerch; Donald Grammer; Kem Barnes; Rita Merrick; Shauna Little f/k/a Hardin; Hon J. Landon Overfield, Chief Administrative Law Judge; Workers' Compensation Board; and Jack Conway, Attorney General, Appellees and Injured Workers Pharmacy; Kevin Kerch; Donald Grammer; and Kem Barnes, Cross-Appellants v. Steel Creations By and Through KESA, The Kentucky Workers' Compensation Fund; Preston Highway Metered Concrete, By and Through KESA, The Kentucky Workers' Compensation Fund; Murray Electronics, By and Through KESA, The Kentucky Workers Compensation Fund; Family Allergy and Asthma, By and Through KESA, The Kentucky Workers' Compensation Fund; Samaritan Alliance, By and Through KESA, The Kentucky Workers' Compensation Fund; Jack Conway, Attorney General; Dwight Lovan, Commissioner, Department of Workers' Claims; Hon. J. Landon Overfield, Chief Administrative Law Judge; Workers' Compensation Board; Rita Merrick; and Shauna Little (Hardin), Cross-Appellees.

Supreme Court of Kentucky.

August 24, 2017.


Attorney(s) appearing for the Case

COUNSEL FOR APPELLANTS/CROSS-APPELLEES, STEEL CREATIONS, BY AND THROUGH KESA, THE KENTUCKY WORKERS' COMPENSATION FUND; MURRAY ELECTRONICS, BY AND THROUGH KESA, THE KENTUCKY WORKERS' COMPENSATION FUND; FAMILY ALLERGY AND ASTHMA, BY AND THROUGH KESA, THE KENTUCKY WORKERS' COMPENSATION FUND; AND SAMARITAN ALLIANCE, BY AND THROUGH KESA, THE KENTUCKY WORKERS' COMPENSATION FUND: Joseph L. Ardery , Louisville, Griffin Terry Sumner , Frost Brown Todd, LLC, James Gordon Fogle , Louisville, Fogle Keller Purdy, PLLC.

COUNSEL FOR APPELLANT/CROSS-APPELLEE, PRESTON HIGHWAY METERED CONCRETE, BY AND THOUGH KESA, THE KENTUCKY WORKERS' COMPENSATION FUND: Joseph L. Ardery , Louisville, Griffin Terry Sumner , Frost Brown Todd, LLC, James Gordon Fogle , Louisville, Fogle Keller Purdy, PLLC, Natalie Laszkowski , Fulton & Devlin, LLC.

COUNSEL FOR APPELLEE/CROSS-APPELLANT, INJURED WORKERS' PHARMACY: Charles E. Jennings , Eric M. Lamb , Louisville, Lamb & Lamb, PSC.

COUNSEL FOR APPELLEES/CROSS-APPELLANTS, KEVIN KERCH AND DONALD GRAMMER: Charles E. Jennings .

COUNSEL FOR APPELLEE/CROSS-APPELLANT, KEM BARNES: Jeffery Roberts , Murray, Roberts Law Office.

COUNSEL FOR APPELLEE/CROSS-APPELLEE, RITA MERRICK: McKinnley Morgan , Morgan Collins & Yeast.

COUNSEL FOR APPELLEE/CROSS-APPELLEE, SHAUNA LITTLE F/K/A HARDIN: Paul Guthrie , Lexington.

COUNSEL FOR APPELLEE/CROSS-APPELLEE, JACK CONWAY, ATTORNEY GENERAL: Andy Beshear , Attorney General of Kentucky, James Robert Carpenter , Assistant Attorney General.

COUNSEL FOR AMICUS CURIAE, INSURANCE INSTITUTE OF KENTUCKY: Kenneth J. Dietz , Florence, Lucas & Dietz, PLLC.

COUNSEL FOR AMICUS CURIAE, KENTUCKY ASSOCIATION OF GENERAL CONTRACTORS: Gregory Lonzo Little , Lexington, Ferreri Partners PLLC.


This matter arose from five separate medical fee disputes filed by KESA, the Kentucky Workers' Compensation Fund, on behalf of its insureds-Steel Creations, Preston Highway Metered Concrete, Murray Electronics, Family Allergy and Asthma, and Samaritan Alliance. The disputes were filed against the Injured Workers...

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