The answer is "no," according to the Kentucky Supreme Court's decision in Rahla v. Medical Center.
Here's what happened in this case. Rahla was offered a job by the medical center contingent upon her passing a physical exam and a drug test. As part of the physical exam, she was required to lift some objects, as lifting was part of her regular job duties. She claimed for her Kentucky workers compensation claim that she hurt her neck doing this lifting, although she said nothing at the time and in fact passed the physical exam. But after she worked at the medical center for a number of weeks, Rahla began having problems with her neck, serious problems that required her to miss work and she was eventually terminated as a result of those absences.
But the Court ruled that Kentucky workers compensation law does not cover injuries sustained in a pre-employment physical exam, the reason being that it occurs prior to the official start of the employment relationship.
Lexington, Kentucky work injury lawyer Robert Abell represents individuals and employees in Kentucky workers compensation cases; contact him at 859-254-7076.
