On Thursday, the Supreme Court of Kentucky upheld the executive decision of the Government of Andrew Beshear to establish a state of emergency, order the closure of companies requiring the wearing of personal protective equipment and – although not identified in the decision – grant disability benefits upon adoption for certain key workers contracting COVID-19.
Three Kentucky companies had questioned the constitutionality of the executive orders, which included a April 9 directive requiring temporary and total disability to be given to workers who test positive for COVID-19 based on the nature of their employment. The order lists health care personnel, child care workers, first-time guards and prison guards among those who qualify. The original mood, NO. 20-CI-00678 was filed in Boone Circuit Court.
By unanimously upholding a lower court decision, the Kentucky Supreme Court said that the governor was justified in his emergency orders and that they did not violate the state constitution. .
"While some plaintiffs have presumably determined irreversible damage to their business, it is not sufficient to justify an injunction preventing the execution of emergency orders and rules to protect the health and safety of all Kentuckians," the Supreme Court said. "By applying our time-consuming prohibition standard, the law and shares benefit the governor in this matter."
More insurance and work compensation news about the coronavirus crisis here .