Rickey Jackson v. Phoenix Transportation ( 2022 )

IMPORTANT NOTICE
NOT TO BE PUBLISHED OPINION
THIS OPINION IS DESIGNATED “NOT TO BE PUBLISHED.”
PURSUANT TO THE RULES OF CIVIL PROCEDURE
PROMULGATED BY THE SUPREME COURT, CR 76.28(4)(C),
THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE
CITED OR USED AS BINDING PRECEDENT IN ANY OTHER
CASE IN ANY COURT OF THIS STATE; HOWEVER,
UNPUBLISHED KENTUCKY APPELLATE DECISIONS,
RENDERED AFTER JANUARY 1, 2003, MAY BE CITED FOR
CONSIDERATION BY THE COURT IF THERE IS NO PUBLISHED
OPINION THAT WOULD ADEQUATELY ADDRESS THE ISSUE
BEFORE THE COURT. OPINIONS CITED FOR CONSIDERATION
BY THE COURT SHALL BE SET OUT AS AN UNPUBLISHED
DECISION IN THE FILED DOCUMENT AND A COPY OF THE
ENTIRE DECISION SHALL BE TENDERED ALONG WITH THE
DOCUMENT TO THE COURT AND ALL PARTIES TO THE
ACTION.
RENDERED: JANUARY 20, 2022
NOT TO BE PUBLISHED
Supreme Court of Kentucky
2021-SC-0154-WC
RICKEY JACKSON APPELLANT
ON APPEAL FROM COURT OF APPEALS
V. NO. 2020-CA-1514
WORKERS’ COMPENSATION BOARD
NO. 19-WC-95750
PHOENIX TRANSPORTATION, INC., APPELLEES
WORKERS’ COMPENSATION BOARD;
AND HONORABLE W. GREG HARVEY,
ADMINISTRATIVE LAW JUDGE
MEMORANDUM OPINION OF THE COURT
AFFIRMING
This case is before the Court on administrative appeal as a matter of
right1 by Rickey Jackson (Jackson), the Appellant. Jackson’s appeal before this
Court concerns only the constitutionality of KRS2 342.730(4) and whether the
provision improperly discriminates based upon age thus violating the 14th
Amendment of the United States Constitution and Sections 1, 2, and 3 of the
Kentucky Constitution. The Workers’ Compensation Board lacked the authority
to render a decision regarding the constitutionality of the statute, but affirmed
the ALJ’s Opinion, Award and Order. On appeal, the Court of Appeals affirmed
the constitutionality of the statute. Jackson appealed.
1 Ky. Const. § 115.
2 Kentucky Revised Statutes.
For the following reasons, we affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
On January 23, 2019, Jackson suffered a work-related injury within the
course and scope of his employment with Phoenix Transportation, Inc.
(Phoenix), the Appellee. Jackson was 70 years old at the time of the accident.
On August 24, 2020, the ALJ rendered an Opinion, Award and Order. The ALJ
found Jackson to be permanently totally occupationally disabled as a result of
the injury. The ALJ awarded income benefits pursuant to KRS 342.730(4),
which requires, in part, that income benefits terminate four years from the date
of injury. Jackson’s income benefits will terminate on January 23, 2023.
Jackson appealed the 4-year cap to the Workers’ Compensation Board
(Board). As an administrative tribunal, the Board noted it had no jurisdiction to
determine the constitutionality of a statute. However, the Board affirmed the
ALJ’s application of KRS 342.730(4) based on Holcim v. Swinford, 581 S.W.3d
37 (Ky. 2019). Jackson then appealed to the Court of Appeals, which affirmed
the Board and the ALJ. Jackson appealed to this court.
II. ANALYSIS
KRS 342.730(4) states:
All income benefits payable pursuant to this chapter shall
terminate as of the date upon which the employee reaches the age
of seventy (70), or four (4) years after the employee's injury or last
exposure, whichever last occurs. In like manner all income benefits
payable pursuant to this chapter to spouses and dependents shall
terminate as of the date upon which the employee would have
reached age seventy (70) or four (4) years after the employee's date
of injury or date of last exposure, whichever last occurs.
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Jackson argues the statute treats employees who are 66 or older at the time of
their work-related injury differently than other employees. He opines this
disparate treatment violates the Equal Protection Clause of 14th Amendment of
the United States Constitution and Sections 1, 2, and 3 of the Kentucky
Constitution.
In our recently published Opinion—Cates v. Kroger, 627 S.W.3d 864 (Ky.
2021)—this Court addressed whether the 2018 Amendment to KRS 342.730(4)
violates the Equal Protection Clause. The Appellants in that case argued, as
Jackson does herein that the statute treats older injured works less favorably
than their younger counterparts.
In Cates, we held “the current version of KRS 342.730(4) is not violative
of the Equal Protection Clause because the age classification is rationally
related to a legitimate state purpose.” 626 S.W.3d at 871. There is nothing in
this case that distinguishes Jackson’s appeal from the issue presented and
settled in Cates. As such, we hold Cates to be dispositive in this matter.
III. CONCLUSION
For the foregoing reasons, we affirm the ALJ’s Opinion, Award and Order
dated August 24, 2020.
All sitting. All concur.
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COUNSEL FOR APPELLANT:
Danny E. Darnall
COUNSEL FOR APPELLEE, Phoenix Transportation. Inc:
Jonanna F. Ellison
Aziza H. Ashy-Jones
Fowler Bell PLLC
Administrative Law Judge:
Hon. Greg Harvey
Workers’ Compensation Board
Michael Wayne Alvey,
Chairman
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