The Kentucky Supreme Court recently clarified in Kroger v. Ligon, No 2010-SC-385-WC (May 19, 2011), that Kentucky workers compensation law does not require a finding of permanent impairment in order to support an award of future medical benefits.
The employee, Japheth Ligon, injured his shoulder and underwent surgery including the implantation of permanent hardware in his shoulder. But he recovered well: there was no finding of permanent impairment, which the Court let stand, but it also allowed Ligon future medical benefits. The Court supported its decision by further explaining its earlier decision in FEI Installation, Inc. v. Williams, 214 S.W.3d 313 (Ky. 2007), as follows: "the presence of impairment demonstrates a harmful change in the human organism and 'disability,' regardless of whether the impairment and resulting disability are severe enough to warrant a permanent impairment rating or permanent income benefits."
