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Supreme Court Clarifies Scope of Judicial Review for Disability Retirement Benefit Decisions

Wednesday, November 7, 2018 | 0

The Kentucky Supreme Court last week ruled that an administrative agency does not need to defer to the credibility determinations of its hearing officer, but the Court of Appeals cannot reweigh the evidence presented to an agency charged with determining a public employee’s entitlement to disability retirement benefits. When a public employee suffers an injury that leaves him unable to perform his job, Kentucky Revised Statutes Section 61.600 sets forth the process to secure an award of disability retirement benefits. The process requires a review of medical evidence by a panel of thre...

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