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Split Court Says Worker's Failure to Join Claims Results in Forfeiture

Wednesday, August 31, 2022 | 0

A divided Kentucky Court of Appeals ruled that a worker’s failure to join a second injury to a pending claim resulted in a forfeiture of the second injury claim. Case: Rodarte v. BlueLinx Corp., Nos. 2021-CA-1473-WC and 2022-CA-0239-WC, 08/26/2022, published. Facts: While working for BlueLinx Corp., Francisco Rodarte sustained two separate injuries. In 2016, Rodarte fell at work, injuring his right knee and left ankle. In 2018, Rodarte injured his right shoulder. Rodarte began receiving temporary total disability benefits after the shoulder injury. Procedural history: In March 2...

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