The Kentucky Court of Appeals ruled that an employer was not entitled to reduce a construction worker’s award of benefits for injuries from a fall simply because he forgot to put his harness on after a restroom break.
Case: Judy Construction v. Smith, No. 2017-CA-001462-WC, 07/27/2018, unpublished.
Facts and procedural history: Shawn Smith worked for Judy Construction. He fell from a height of approximately 40 feet while working on a bridge in December 2015.
An administrative law judge determined that Smith was entitled to an award of permanent partial disability benefits. The ju...
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