Kentucky Supreme Court

Encova Mutual Insurance Group (Formerly Brickstreet Mutual Insurance Company) v. Roger Hall

October 23, 2025

Summary

The Court affirmed the Court of Appeals and held that the Workers’ Compensation Board and administrative law judge retained jurisdiction to determine the responsible insurer after the claimant’s last date of injurious exposure changed. It further held that both insurers had standing, that the carrier covering the final exposure date was liable under the Act, and that the certification request was timely because it was made shortly after jurisdiction returned from the prior appeal. The Court rejected laches, equitable estoppel, and notice-based defenses. No separate opinions were filed.