Trevino v. Transit Authority of River City

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The Supreme Court affirmed the opinion of the court of appeals affirming the decision of the Workers’ Compensation Board (Board) affirming the administrative law judge’s (ALJ) denial of Appellant’s claim for benefits pursuant to Ky. Rev. Stat. 342, holding that the ALJ’s decision denying Appellant benefits was supported by substantial evidence. Appellant was injured while working as a bus driver for Transit Authority of River City (TARC). TARC denied Appellant’s claim for benefits pursuant to the special defense provided in Ky. Rev. Stat. 342.610(3). TARC argued that Appellant’s injuries was the result of Appellant acting as the aggressor in an altercation with a passenger and that Appellant acted outside the scope of his employment. The ALJ denied benefits pursuant to section 341.610(3). The Board and the court of appeals determined that there was substantial evidence supporting the ALJ’s determination to deny benefits. The Supreme Court affirmed, holding that the ALJ did not err in denying benefits. View "Trevino v. Transit Authority of River City" on Justia Law