The answer appears to be yes, according to the recent decision of the Kentucky Supreme Court in Kroger v. Ligon, No 2010-SC-385-WC (May 19, 2011) . The injured employee, Japheth Ligon, injured his shoulder and underwent surgery that included permanent implantation of hardware in his shoulder. But Ligon apparently recovered well, as the Court left alone a finding of no permanent impairment. However, the Court also ruled that he should be allowed future medical benefits for proper treatment of his shoulder. In support of his ruling, the Court explained its prior decision in FEI Installation v. Williams, 214 S.W.3d 313 (Ky. 2007), as follows:

Can I Receive Future Medical Treatment for my Kentucky Work Injury Even Though I Have No Permanent Impairment Rating?

 

A: The answer appears to be yes, according to the recent decision of the Kentucky Supreme Court in Kroger v. Ligon, No 2010-SC-385-WC (May 19, 2011).

The injured employee, Japheth Ligon, injured his shoulder and underwent surgery that included permanent implantation of hardware in his shoulder.  But Ligon apparently recovered well, as the Court left alone a finding of no permanent impairment. However, the Court also ruled that he should be allowed future medical benefits for proper treatment of his shoulder. In support of his ruling, the Court explained its prior decision in FEI Installation v. Williams, 214 S.W.3d 313 (Ky. 2007), as follows:  "the presence of impairment demonstrates a harmful change in the human organism and 'disability,' regardless of whether the impairment and resulting disability are severe enough to warrant a permanent impairment rating or permanent income benefits." 

Lexington, Kentucky workers comp lawyer Robert Abell represents injured employees in Kentucky workers compensation cases; contact him at 859-254-7076.   


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