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CATES v. KROGER

2020-SC-0275-WC 2020-SC-0277-WC.

627 S.W.3d 864 (2021)

Cheryl CATES, Appellant v. KROGER; Commonwealth of Kentucky, ex rel. Daniel Cameron, Attorney General; Honorable Jeff V. Layson, Administrative Law Judge; and Workers' Compensation Board, Appellees and Ronnie Bean, Appellants v. Collier Electrical Service; Commonwealth of Kentucky ex rel. Daniel Cameron, Attorney General; Honorable John H. McCracken, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 26, 2021.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT, CHERYL ROBERTS: Jeffery Allen Roberts , Murray.

COUNSEL FOR APPELLANT, RONNIE BEAN: Geordie Dean Garatt , Paducah, Houseman, Garatt & Duncan, PLLC.

COUNSEL FOR APPELLEE, KROGER: Sharlott Kay Higdon , Whitlow, Roberts, Houston & Straub, PLLC, Paducah.

COUNSEL FOR APPELLEE, COLLIER ELECTRICAL SERVICE, INC.: Richard Brent Vasseur , Boswell Sims & Vasseur, Paducah.

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

ADMINISTRATIVE LAW JUDGES: Jeffrey Vimont Layson, III , John Hampton McCracken .

WORKERS' COMPENSATION BOARD: Michael Wayne Alvey .

We consolidated these two workers' compensation appeals to address their common controlling issue: the constitutionality of the 2018 amendment to Kentucky Revised Statute (KRS) 342.730(4), which terminates workers' compensation income benefits when the recipient...

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