On Friday, an appeals court in Kentucky overturned an administrative law judge's ruling that prevented the reopening of an injury case for a hotel worker who slipped during cleaning.
Maria Jimenez, a former employee of a hotel in the Louisville Holiday Inn, injured her head, neck, left shoulder and back in June 2014 when she slipped, fell and lost consciousness while cleaning a bathroom, according to documents in Jimenez v. Lakshmi Narayan Hospitality Group Louisville filed with the Court of Appeal of Kentucky in Frankfurt.
Ms. Jimenez filed a claim for compensation for workers who was denied. She later applied and the case was heard in 2016. Jimenez had paid $ 1
In July 2019, Ms Jimenez filed a motion to reopen "due to a change in disability shown by objective medical evidence," court records show. diagnosed in cervicalgia, a condition that caused pain in the neck and shoulders and depressive illness, which was said to be work-related.In April 2018, Jimenez was also diagnosed with cervical discs.
Holiday Inn filed answers and objections in July 2019, saying that Jimenez ' reopening should be dismissed on the basis of ALJ's previous findings that she had not suffered a permanent injury "and the principle of res judicata", which prevents a case from being remanded.
ALJ granted Jimenez motion to reopen the case, which was then assigned another ALJ who found that res judicata was not applicable., that Mrs Jimenez had maintained her burden of reopening and fixed a deterioration of her permit and granted her permanent partial disability. Holiday Inn filed a reconsideration application and appealed to the Workers' Compensation Board. In April 2021, the board turned around and returned the claim to ALJ.
Ms. Jimenez appealed again and the Court of Appeal found that the application for res judicata was not applicable, citing that Jimenez had several new and aggravated injuries since the original incident in 2014 as a reason, and that the board erred in refusing her decision to reopen. The Court of Appeal called on the board to resume the allocation of ALJ.