On Thursday, the Supreme Court of Kentucky overturned earlier rulings dismissing a cumulative trauma claim filed by a retired nurse due to her alleged failure to provide reasonable notice of her injury. Whitesburg, Kentucky, as a nurse for 21 years. Anderson claimed that she suffered work-related injuries to her neck, back and hands as a result of her employment and that her injuries "became so paralyzing that she resigned" in 2017. She filed a claim for social security benefits. and in 2018, she filed a workers' compensation claim and dated her injury the same day she retired in 2017, according to documents in Diane Anderson v Mountain Comprehensive Health Corporation filed in Frankfort.
The hospital system submitted a special response claiming that Anderson's claims were prohibited, according to documents. A judge in the Administrative Court, and later confirmed the Workers & # 39; Compensation Board and a state Court of Appeal. : "When examining whether termination was adequate in cases of cumulative trauma injuries, (amended law), a two-year deadline from the date of manifestation and an absolute rest period of five years from the last harmful exposure is established."
"As a matter of law … (dismissal of) … (Mrs) Anderson's assertion was a mistake, and therefore we reverse and recall," the decision states.