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Supreme Court Reluctantly Finds Worker's Settlement Waived Claim for New Injury

Thursday, October 5, 2023 | 0

The Kentucky Supreme Court ruled that a worker’s failure to join a pending shoulder injury claim to a settlement for a prior injury resulted in a waiver of the shoulder claim, though the justices expressed great displeasure in reaching the conclusion. Case: Rodarte v. BlueLinx Corp., No. 2022-SC-0423-WC, 09/28/2023, published. Facts and procedural history: Francisco Rodarte worked for BlueLinx Corp. as a truck driver. He fell from a flatbed truck while trying to tighten a ratchet strap in January 2016, tearing the meniscus in his right knee and spraining his left ankle. Roda...

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