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DOWELL v. MATTHEWS CONTRACTING

2020-SC-0170-WC 2020-SC-0137-WC.

627 S.W.3d 890 (2021)

Gloria DOWELL, Widow of Appellant William Bruce Dowell, Appellant v. MATTHEWS CONTRACTING; Commonwealth of Kentucky ex rel. Daniel J. Cameron, Attorney General; Honorable John B. Coleman, Administrative Law Judge; and Workers' Compensation Board, Appellees and Terry Adams, Appellant v. Excel Mining, LLC.; Commonwealth of Kentucky ex rel. Daniel J. Cameron, Attorney General; Honorable Chris Davis, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 26, 2021.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT, GLORIA DOWELL: Wayne Charles Daub , Louisville.

COUNSEL FOR APPELLANT, TERRY ADAMS: Charles Phillip Wheeler, Jr. , Paintsville.

COUNSEL FOR APPELLEE, MATTHEWS CONTRACTING: Douglas Anthony U'Sellis , Louisville, U'Sellis, Mayer & Associates, PSC.

COUNSEL FOR APPELLEE, EXCEL MINING, LLC: James Gregory Allen , Jones & Walters, PLLC.

COUNSEL FOR APPELLEE COMMONWEALTH OF KENTUCKY EX REL. ATTORNEY GENERAL DANIEL J. CAMERON: Stephen Chad Meredith , Matthew Franklin Kuhn , Office of Solicitor General, Office of the Attorney General.

ADMINISTRATIVE LAW JUDGES: John Barry Coleman , Chris Davis.

WORKERS' COMPENSATION BOARD: Michael Wayne Alvey .

AMICI KENTUCKY CHAMBER OF COMMERCE, KENTUCKY ASSOCIATION OF COUNTIES, KENTUCKY COAL ASSOCIATION, KENTUCKY LEAGUE OF CITIES: Brent Robert Baughman , Kyle W. Miller , Louisville, R. Clay Larkin , Lexington, Dentons Bingham Greenbaum LLP.

We combined these two workers' compensation appeals to address the issue common to both: whether the 2018 amendment to Kentucky Revised Statute (KRS) 342.730(4) violates the Contracts Clause of the federal and state constitutions. Terry Adams and Gloria Dowell contest the constitutionality of this statutory...

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