Can an employer terminate an employee with a workers’ compensation claim? Yes, but be careful. KRS 342.197(1) prohibits an employer from retaliating against an employee for filing a lawful workers’ compensation claim. To establish a cause of action for retaliatory … Continued
Workers Compensation (Kentucky, Tennessee and West Virginia)
Fogle Keller Walker has a long rich tradition in defending employers in Kentucky in workers’ compensation litigation. We are well-versed in every aspect of Kentucky workers’ compensation law from developing work-place policies and procedures to prevent injury, to offering sound legal advice immediately following an injury to minimize exposure to long term benefits, and aggressively defending legal claims in the event the injured worker pursues formal litigation.
Our workers’ compensation practice area is composed of several attorneys who have dedicated their practice of law to the representation of employers and routinely speak at seminars on relevant topics. We have actively been involved in teaching lawyers, doctors, human resource personnel, administrators, legislators, and adjudicators for over 30 years about the medical and legal complexities in the workers’ compensation system. We have taken an active and extensive part in writing the workers’ compensation statute since 1980 at the request of the Governor and legislators, having also testified on behalf of employers before various legislative committees. We have also participated in various administrative AD HOC committees preparing regulations since 1987. Our firm is actively involved in the Kentucky Workers’ Compensation Education Association, which puts on annual seminars for employers, workers’ compensation adjusters and practitioners. We are routinely called to assist the American Medical Association as “lawyer reviewers” for the publications that aid doctors and lawyers in the assessment of impairment and disability, as well as development of legal argument in the context of medical causation.
We pride ourselves in keeping up with the latest developments in the law and the issues currently before the Kentucky worker’s compensation system. This includes being active in any pending legislation. Knowing that workers’ compensation law overlaps other areas of the law, we leverage the resources of the entire firm to ensure the highest quality representation of our clients where they face challenges or need answers to a simple question.
It is our mission to advance the interests of employers and business owners across the Commonwealth with our unswerving integrity, professional thoroughness and prudent case management. We are committed to being aggressive in our defense and cost-effective in our delivery of legal services. Our goal is to add value to our clients, not just supply an additional ordinary expense of doing business. Because we are also experienced in employment law and subrogation, our attorneys are acutely aware of the implications of the Americans with Disabilities Act and the Family Medical Leave Act on workers’ compensation matters. Similarly, handling workers’ compensation defense can be increasingly complex when the accident involves a third party, triggering an investigation into a possible subrogation claim.
Our lawyers have extensive knowledge in investigating subrogation opportunities and recouping valuable dollars for an employer. We believe our diligence and understanding of this unique body of law associated with subrogation litigation enables us to provide true value added to the employer’s bottom line.
We understand the unique challenges that our clients face in the management of their workers’ compensation issues, whether we are dealing with a sole proprietor, a bigger “mom and pop” or a large self-insured multi-national corporation. In those unusual situations when allegations arise as to Unfair Claims Settlement Practices violations, we have the necessary background and expertise to navigate the process and protect the well-intentioned clients involved. We have a thorough understanding of how the system works in Kentucky and how to effectively manage claims brought before the Commissioner relating to Unfair Claims Settlement Practices.
Dan’s legal practice is focused on helping local and national businesses take a comprehensive and proactive approach towards reducing workers’ compensation costs, and assisting insurance carriers in achieving compliance with West Virginia’s complicated web of insurance regulations.
In the area of workers’ compensation claims defense, Dan practices before the Office of Judges, and has represented his clients in hundreds of appeals before the Board of Review and West Virginia Supreme Court of Appeals. An experienced civil litigator, Dan also represents employer’s sued in civil court under West Virginia’s “deliberate intent” exception to the Workers’ Compensation Exclusive Remedy Doctrine. He also consults with businesses and insurance carriers in the area of regulatory compliance, provides adjuster training on regulatory compliance, and represents businesses and carriers in regulatory and enforcement actions taken against them by the West Virginia Offices of the Insurance Commissioner. Prior to joining the FKW Team, Dan served as Associate Counsel to the West Virginia Insurance Commissioner and as an Assistant Attorney General in the West Virginia Attorney General’s Employment Program’s division.
Dan enjoys helping his clients solve problems, but gets the most satisfaction from assisting his clients in avoiding problems before they arise. “Vince Lombardi said that the best defense is a good offense. In my work, I see that as helping my clients address issues before they need a defense attorney. The most successful outcome you can have in any litigation is avoiding that litigation in the first place.”