HOLCIM v. SWINFORD

2018-SC-000627-WC.

581 S.W.3d 37 (2019)

Lafarge HOLCIM, Appellant, v. James SWINFORD, Hon. W. Greg Harvey, Administrative Law Judge, and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 29, 2019.


Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Douglas Anthony U'Sellis , Louisville, U'Sellis Mayer & Associates.

COUNSEL FOR APPELLEE JAMES SWINFORD: Charles Tveite , Paducah, Edwards & Kautz PLLC.

COUNSEL FOR APPELLEE W. GREG HARVEY: Walter Greg Harvey, Bowling Green, Administrative Law Judge.

COUNSEL FOR APPELLEE WORKERS' COMPENSATION BOARD: Michael W. Alvey , Worker's Compensation Board.

COUNSEL FOR AMICI CURIAE, DAVID W. OSBORNE, SPEAKER OF THE KENTUCKY HOUSE OF REPRESENTATIVES, AND ROBERT STIVERS, PRESIDENT OF THE KENTUCKY SENATE: David E. Fleenor , Office of the Senate President, R. Vaughn Murphy , Office of Senate President, David Eric Lycan , Office of the Speaker of the House of Representatives, Tyler Peavler , Office of the Speaker of the House of Representatives.

COUNSEL FOR AMICI CURIAE, KENTUCKY CHAMBER OF COMMERCE, NORTHERN KENTUCKY CHAMBER OF COMMERCE, GREATER LOUISVILLE, INC., COMMERCE LEXINGTON, INC., KENTUCKY LEAGUE OF CITIES, AND KENTUCKY COAL ASSOCIATION: Brent Robert Baughman , Louisville, Bingham Greenebaum Doll, LLP, Richard Clayton Larkin , Dinsmore & Shohl, LLP, Kyle William Miller , Canadian, Bingham Greenebaum Doll, LLP.

COUNSEL FOR AMICUS CURIAE, KENTUCKY WORKERS ASSOCIATION: Peter J. Naake , Louisville, Priddy, Cutler, Naake & Meade, PLLC.

COUNSEL FOR AMICUS CURIAE, KENTUCKY CHAPTER OF AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS: Udell Barry Levy , Louisville, Jennings Law Office.


I. BACKGROUND

James Swinford worked as a bulldozer operator for Lafarge Holcim when he was injured on the job on March 10, 2016. That day, the ground where he was moving dirt caved in causing him to crash the dozer down an embankment. He remained in the equipment for seven hours after the crash until...

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