When a worker has sustained multiple injuries, should a preexisting impairment be excluded from present impairment when calculating an award?

Under Kentucky workers compensation law, when a worker has suffered multiple injuries, a preexisting impairment should be excluded when calculating a present award.  See Roberts Brothers Coal Co. v. Robinson, 113 S.W.3d 181 (Ky. 2003). 

So what does that mean? Suppose a worker suffered a work injury in 1995 and another one in 2010, and the issue is the award of Kentucky workers compensation due because of the 2010 injury.  The ALJ has to determine the worker's overall impairment, then subtract the impairment attributable to the 1995 injury to reach the impairment for the 2010 injury and the award of Kentucky workers compensation benefits due for it.

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