Marshall Parker v. Webster County Coal, LLC (dotiki Mine) Hon. Steven G. Bolton, Administrative Law Judge And…

Summary

The court affirmed the award of workers' compensation benefits because substantial evidence supported the finding that Parker's back condition was caused by his work injury. It reversed the determination that the benefit-termination provision was constitutional, holding that the provision irrationally treated similarly situated older workers differently based on whether they qualified for Social Security retirement benefits, and remanded for a consistent award. Minton, C.J., concurring in part and dissenting in part, would have upheld the provision under rational-basis review and declined to address the unbriefed teacher-retirement and special-legislation issues.