Kentucky court rules insurers liable for out-of-state workers’ comp claims
Kentucky’s highest court determined that workers’ compensation insurers remain responsible for claims when employees finish their careers in different states. The Supreme Court of Kentucky affirmed on Oct. 23 that Kentucky Employers’ Mutual Insurance must cover Troy Stidham’s occupational hearing loss despite his final nine months working in Alabama.
Stidham operated shuttle cars for Clas Coal Co. in Kentucky for more than 16 years before transferring to Alabama operations. He retired in 2020 and received a work-related hearing loss diagnosis in August 2021. Kentucky law presumes the employer where a worker experienced hazardous noise exposure for at least one year bears liability for benefits.
An administrative law judge ruled the injury occurred on Jan. 1, 2020, when Stidham last worked in Kentucky. The Workers’ Compensation Board and Court of Appeals upheld that decision. The Supreme Court rejected jurisdictional arguments because the injury occurred while Stidham worked in Kentucky.
