Court 'Regretfully' Applies Change in Law Retroactively to Cap TPD Benefits

The Kentucky Court of Appeals “regretfully” ruled that a 2018 change in the law operated retroactively to cap an elderly worker’s permanent total disability benefits for a back injury. Case: Crittenden County Fiscal Court v. Hodge, No. 2018-CA-000815, 11/22/2019, published. Facts: Sam Hodge worked for the Crittenden County Road Department. In 2013, he injured his back when his work truck overturned. Hodge was within two months of his 76th birthday. Procedural history: Hodge filed a workers’ compensation claim, which was not heard by an administrative law judge until ...