Will T. Scott

UPS AIRLINES v. West

Kentucky Supreme Court · 2012-05-24 · cited 2×

This case involved a UPS pilot who received both voluntary workers' compensation temporary total disability benefits and Loss of License benefits under a collective bargaining agreement after a work-related back injury. UPS sought a full dollar-for-dollar credit under KRS 342.730(6) against its liability for past and future income benefits for all Loss of License payments made. The Supreme Court of Kentucky held that the statute permits credit only to the extent the Loss of License benefits overlap with or duplicate the workers' compensation benefits awarded, but does not authorize a complete offset against non-overlapping amounts or future benefits; it also clarified that benefits funded exclusively by the employer qualify for potential credit even if obtained through collective bargaining. The decision reversed the lower courts' conclusion that the benefits were not employer-funded solely because they were bargained for, while affirming the denial of a full credit.

labor & employment

Humana, Inc. v. Blose

Kentucky Supreme Court · 2008-03-20 · cited 3×

The case concerned whether an employee who signed a release and waiver of claims in exchange for severance pay could later sue her former employer for disability discrimination and other statutory violations under Kentucky law. The trial court had dismissed the suit based on the release, but the Court of Appeals directed it to follow prior precedent allowing only a damages counterclaim for breach rather than dismissal. The Kentucky Supreme Court reversed that portion of the appellate decision, holding that a valid release extinguishes statutory civil rights claims and may be asserted as a defense to bar the action. The court relied on its earlier rulings that parties may knowingly waive such statutory rights and that releases generally discharge claims without fraud or duress. The matter was remanded for further proceedings consistent with this opinion on the release's validity.

labor & employmentcivil rights

KENTUCKY BAR ASS'N v. Carmichael

Kentucky Supreme Court · 2008-01-24 · cited 11×

The case involved Lawrence R. Carmichael, a licensed Kentucky attorney and elected Commonwealth’s Attorney, who was convicted in federal court of attempted extortion after attempting to obtain $50,000 to $100,000 from a pawnshop owner in exchange for not prosecuting him on illegal gambling charges. The Kentucky Bar Association charged him with violating professional conduct rules SCR 3.130-8.3(b) and (c), which prohibit criminal acts reflecting adversely on a lawyer’s honesty or fitness and conduct involving dishonesty. Carmichael sought to introduce post-conviction evidence suggesting the victim had falsely testified, but the court ruled that a criminal conviction is conclusive proof of guilt and cannot be relitigated or used as mitigation in disciplinary proceedings. The court permanently disbarred Carmichael, concluding that his abuse of prosecutorial authority justified the sanction despite his lack of prior discipline.

criminal law

Rowan County v. Sloas

Kentucky Supreme Court · 2006-09-26 · cited 204×

O'BRYAN v. Cave

Kentucky Supreme Court · 2006-09-21 · cited 65×

KENTUCKY BAR ASS'N v. Nemes

Kentucky Supreme Court · 2006-08-24 · cited 1×

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Will T. Scott

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