The Kentucky Court of Appeals ruled that the mediation scheme established by statute and regulation is discretionary, not mandatory.
Case: Duke v. GE Haier, No. 2024-CA-0098-WC, and Long v. Universal Linen, No. WC-21-61731, 05/31/2024, unpublished.
Facts and procedural history: Brad Duke and Tonya Long suffered on-the-job injuries and sought workers’ compensation benefits.
After filing their claims, Duke and Long petitioned for their cases to be transferred to mediation under a scheme outlined in Kentucky Revised Statutes Section 342.276 and Kentucky Administrative Regulations Section...
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