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Opinion from Expert on AMA Disability Rating Guides Inadmissible in Kentucky

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Opinion from Expert on AMA Disability Rating Guides Inadmissible in Kentucky


Dr. Christopher Brigham web site shouldn’t be making an overstatement when it describes him as “one of many nation’s main authorities on impairment and incapacity analysis and administration.”

Brigham is the senior contributing editor for the sixth version of the American Medical Affiliation’s Guides to the Analysis of Everlasting Impairment. He additionally performed vital roles within the drafting of the third, fourth and fifth editions. As a marketing consultant, he lectures to audiences world wide on the suitable use of the the AMA Guides. He additionally often serves as an professional witness for insurers.

However Brigham’s experience now not carries any weight in Kentucky. The state Supreme Court docket on June 16 dominated that his opinions had been irrelevant to Kentucky employees’ compensation claims as a result of a state statute requires medical consultants to be licensed in Kentucky.

Christopher Brigham

Brigham says he “respectfully disagrees” with the ruling. “It was extra of a ploy to exclude proof that somebody didn’t discover helpful,” he stated.

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The Kentucky Supreme Court docket declared Brigham and different out-of-state medical consultants persona non grata for the state employees’ compensation system in a case introduced by Oldham County police officer Tracy Scott Toler, who injured his knee when he bumped into one other officer throughout SWAT coaching.

An unbiased medical expert assessed a 4% impairment ranking however added 2% as a result of Toler continued to expertise ache in his knee.

Oldham County employed Bingham to supply his personal opinion. Bingham stated Toler’s subjective complaints about ache didn’t benefit a bump in Toler’s incapacity ranking as a result of the ranking already accounts for the discomfort. The fifth version of the Guides permits a rise of as much as 3% in a incapacity ranking for ache, however provided that it causes a documented interference with every day actions or a change of gait, he testified.

Toler’s lawyer, Bruce Garrett Anderson of Louisville, stated the two% distinction had a minimal affect on the scale of Toler’s everlasting incapacity award, however he needed to make a degree. Anderson stated he has been arguing for a very long time that physicians who testify if Kentucky employees’ compensation proceedings have to be licensed within the state, however the administrative legislation officers who hear instances have at all times disagreed.

Anderson stated insurers usually rent Bingham to argue for decrease everlasting incapacity awards.

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Bruce Anderson

“They trot him out on a regular basis,” he stated. “I’ve seen him sufficient and his opinions are boastful.”

After an administrative legislation choose, the Staff’ Compensation Board and a panel of the Kentucky Court docket of Appeals determined that Brigham’s report may very well be admitted into proof, Anderson took Toler’s case to the state Supreme Court docket. He identified that Kentucky Revised Statutes 342.0011(32) defines “physicians” as one of many specified practitioners performing throughout the scope of his or her license issued by the Commonwealth “until the context in any other case requires.”

The Staff’ Compensation Board famous that the Division of Employee Claims had assigned a doctor index quantity to Brigham, offering vital “context” that his opinion needs to be admitted. The Court docket of Appeals panel agreed.

The Supreme Court docket, nevertheless, stated it should assume that the state legislature meant what it stated when it drafted the statute. The unanimous opinion says Kentucky statutes enable injured employees to decide on a treating doctor licensed by one other state in some circumstances, which is one occasion the place “context” permits the statutory definition of doctor to be missed.

However the excessive courtroom stated no statute gives any motive to consider that the statutory definition of doctor could be ignored when contemplating medical experiences.

“The legislature might determine sooner or later to widen the pool of potential medical consultants,” the courtroom stated. “Nevertheless, the statutory language is proscribed so solely physicians licensed in Kentucky might present such proof.”

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Brigham stated he’s licensed in California, Hawaii and Maine, however not in Kentucky. However he stated he based mostly his opinion on his data of the AMA Guides; the states that issued his medical licenses haven’t any bearing on the case.

Nonetheless, Anderson stated the Supreme Court docket’s opinion will get rid of the admission of all medical experiences written by physicians who will not be licensed in Kentucky. He stated that might be particularly useful for utilization overview: Anderson stated virtually all the UR selections within the state’s system at the moment are performed by docs exterior of Kentucky.

Legal professional Thomas A. Robinson, co-author of Larson’s Staff’ Compensation Regulation, stated in a weblog publish that the Kentucky Supreme Court docket choice “might have attorneys in different states scurrying again to their respective statutes to examine their states’ definitions of ‘doctor.’”

Robinson stated in an electronic mail that he can’t but determine any states which have related statutes.

“Figuring out which, if any, different states might need language just like that in Kentucky is a analysis subject that I’ve not but undertaken,” he stated. “From my expertise, there may be more likely to be related language in no less than just a few different state acts, however that record of jurisdictions shouldn’t be but at hand.”

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Many state employees’ compensation legal guidelines have a piece close to the start that lays out basic provisions, together with definitions of phrases. In Kentucky, the employees’ compensation legal guidelines are organized beneath Chapter 34. Part 11 of that chapter incorporates a listing of definitions of phrases. Paragraph 32 of that part states:

“Doctor means physicians and surgeons, psychologists, optometrists, dentists, podiatrists, and osteopathic and chiropractic practitioners performing throughout the scope of their license issued by the Commonwealth.”

However the statutes for states adjoining to Kentucky are surprisingly imprecise.

Staff’ compensation statutes for Arkansas, Missouri, Tennessee, Ohio, Illinois and Indiana comprise no definition of doctor within the basic provisions part. North Carolina’s employees’ compensation legislation lists “doctor” for example of a number of kinds of “well being care suppliers,” however makes no point out of the place they have to be positioned and even that they have to be licensed.

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Kentucky

Senior Class Shines on Senior Day as No. 12 Kentucky Captures Eighth-Straight SEC Title

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Senior Class Shines on Senior Day as No. 12 Kentucky Captures Eighth-Straight SEC Title


Thanks to a balanced effort from the senior class, the No. 12 Kentucky Volleyball team captured at least a share of an eighth-straight Southeastern Conference championship on Sunday afternoon, downing Arkansas in straight sets (26-24, 25-20, 25-13) on Senior Day inside Historic Memorial Coliseum.

The Kentucky seniors have been an integral part of the program since they first stepped on the court, a theme that continued in the match against the Razorbacks as seniors Emma Grome, Megan Wilson, Eleanor Beavin, and Erin Lamb all played key roles in the Cats’ sweep of Arkansas.

Following the match, UK head coach Craig Skinner attributed the team’s success to a staff dedicated to preparation, and a team of athletes who embraced the challenge involved in competing for a championship.

“I’ve gotta give a lot of credit to our staff,” Skinner said. “Our staff was unbelievable this year, Ben (Josephson), and Merideth (Jewell), and Madison (Lilley) did a hell of a job coaching this team and getting them prepared to play against great competition, so that’s the first thing.

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“And the second thing, when you recruit athletes to compete for championships they know the expectations and the standards and that’s what they want. We’ve been shooting for the top ever since I’ve gotten here and we don’t wanna go anywhere else.”

Offensively, Grome paced the Kentucky attack to 40 total kills on a .312 hitting clip. Four Wildcats totaled six or more kills, led by sophomore Brooklyn DeLeye who finished with 13. It was Wilson who stole the show Sunday, however, as the senior right side found the floor with 12 kills on a sweltering .500 clip. In her second match back from injury, Lamb added seven kills to the winning cause and Jordyn Dailey totaled six.

Kentucky stifled the Razorbacks at the net as they racked up 8.0 rejections and held Arkansas to .130 hitting. In the third and final set, Arkansas totaled only four kills with three errors as the Cats coasted to the set and match victory. Brooke Bultema led the way with 5.0 blocks, Wilson had 4.0, Dailey finished with 3.0, and Grome and DeLeye each had a pair.

Molly Tuozzo continued to anchor the back line as she totaled 19 digs to lead all players. DeLeye added 11, Grome had 10, and Beavin had seven.

Beavin made her biggest impact from behind the service line, as the senior served up a match-high four aces. Lamb and DeLeye each had two of their own and Grome finished with one.

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With the win, Kentucky improves to 19-7 on the season and 13-2 in the SEC. The victory locked up at least a share of the SEC title for the Cats for a program-best eighth-consecutive year.

UK will conclude the regular season on Wednesday as they travel to Columbia, Missouri for a matchup with No. 25 Missouri. If Kentucky leaves Columbia with a victory, they will claim the conference championship outright as Florida and Texas sit a game behind them in the standings. First serve against the Tigers is set for 7:00 pm ET.

Kentucky volleyball wins at least a share of 8th straight SEC championship – Hunter Mitchell, Kentucky Sports Radio

Club Blue is the official collective partner of the University of Kentucky. Support your volleyball team today.



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Former Sheriff Shawn ‘Mickey’ Stines indicted for murder of Kentucky judge

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Former Sheriff Shawn ‘Mickey’ Stines indicted for murder of Kentucky judge


Two months after video showed him shooting a Kentucky judge at point-blank range in his chambers, former Sheriff Shawn ‘Mickey’ Stines has been indicted for murder.

The indictment, announced jointly by state and local prosecutors, charges Stines with shooting and killing Letcher County District Court Judge Kevin Mullins. Stines is scheduled to appear for his arraignment on Monday, Nov. 25.

RELATED STORY | Video shows Kentucky judge try to hide as he’s gunned down in chambers

At a probable cause hearing in October, prosecutors showed a silent video that appeared to show Stines walking into the judge’s chambers with a weapon and firing multiple times at the victim, who frantically tried to escape under his desk.

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Stines, who was sheriff at the time of the shooting, resigned on Oct. 1, hours before appearing in court to plead not guilty to murder charges.

RELATED STORY | Kentucky sheriff charged with fatally shooting a judge pleads not guilty in first court appearance

Investigators have not offered any potential motive for the murder. Those who knew Stines and Mullins said the two had worked together for years and were friends.

To date, prosecutors have not announced whether they will seek the death penalty.

This story was originally published by Lauren Silver at Court TV.

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BY THE NUMBERS: Texas 31, UK 14

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BY THE NUMBERS: Texas 31, UK 14


Kentucky played Texas competitively during stretches of Saturday’s game in Austin but an ugly stretch in the second quarter gave the Horns a lead they would never relinquish.

Here are some of the key numbers that tell the story of what happened in the game.

209 … More yards for Texas than Kentucky. That’s not surprising but speaks to the challenge. The Horns had 441 yards of offense with a lot of balance (250 on the ground, 191 through the air) while the Cats mustered only 211 yards of offense, almost all of which was passing.

160 … The total passing yards for Cutter Boley. The freshman was 10/18 for 160 yards and an interception. Boley entered the game because Brock Vandagriff was struggling and he did a lot to impress. He saw the field well, made some confident reads and delivered catchable balls down the field.

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158 … Rushing yards for Texas’ Quintrevion Wisner. The Longhorns rushed for 250 yards on the game.

25:30 … Time of possession for Kentucky in the game. Any upset bid would have been aided by Kentucky controlling the ball more than Texas. That did not happen.

20 … Carries for Kentucky running backs Jamarion Wilcox (50 yards) and Demie Sumo-Karngbaye (30 yards). Wilcox had a long of 18 while DSK’s long was just six yards. The backs had decent success considering the opponent but Boley was charged with -57 rushing yards.

17 … Second quarter points for the Longhorns. That’s when the game appeared to be decided. First, the Horns went 65 yards in 11 plays for a touchdown. Then after a Vandagriff pick they scored again quickly before adding a field goal as the half ran out.

11 … Fumbles in the game. It was almost comical how often the ball was bouncing at times. Kentucky fumbled five times but didn’t lose one of them, while Texas fumbled six times and lost two.

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10 … Tackles for sophomore Texas linebacker Anthony Hill, who we said coming into the game was playing at an All-American level. He had two sacks and three tackles for loss as the most active, productive Texas defender in the game. He was a problem Kentucky couldn’t account for.

6 … Sacks by the Texas defense. That led to UK only being credited with 21 rushing yards on the game, but more important was the impact on UK’s offensive results. The protection issues have been persistent all season.

2/12 ... Kentucky on third down. That’s not going to get it done in a game like this. That’s a big reason why Texas ran 23 more plays than Kentucky, and had the ball for 10 minutes longer. The big problem was that Kentucky averaged 11.1 yards to go on third down today.

0 … The turnover margin in the game. That gave Kentucky a chance to play somewhat competitively. Both teams had seven points off turnovers with UK’s being Jamon Dumas-Johnson’s return.



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