To disqualify an injured employee from continued receipt of Kentucky workers compensation benefits an employer must show the following: (1) failure to follow medical advice; (2) the failure must be unreasonable; and, (3) the unreasonable failure must cause a disability. Luttrell v. Cardinal Aluminum Co., 909 S.W.2d 334, 336 (Ky.App. 1994). "Refusal to submit to treatment is unreasonable if it "is free from danger to life and health and extraordinary suffering, and, according to the best medical or surgical opinion, offers a reasonable prospect of restoration or relief from disability.'" The Kentucky Court of Appeals reiterated these points recently in Hometown Convenience v. McCoy, No. 2012-CA-000555-WC (November 9, 2012), where it rejected the employer's effort to disqualify the injured employee.
The Court of Appeals opinion was written by Judge Christopher S. Nickell joined by Judges Sara Combs and Michael Caperton.
