Several petitions for reconsideration followed. On September 18, 2017, the ALJ issued an opinion and award finding O’Bryan totally disabled and ordered permanent total disability (PTD) benefits to continue for as long as O’Bryan remained so disabled. O’Bryan filed for benefits under the Workers’ Compensation Act.2 Because the only issues on appeal pertain to the constitutionality and applicability of KRS 342.730(4), as amended effective 2018, we will not summarize the medical and lay evidence. FACTS AND PROCEDURAL BACKGROUND On June 11, 2015, O’Bryan was injured in a car accident while working for Zip Express (correctly identified as Ramp Logistics, LLC). After careful review, we affirm the Board’s opinion.
1 DIXON, JUDGE: Michael O’Bryan petitions for review of a Workers’ Compensation Board (Board) opinion vacating and remanding the order on reconsideration entered January 18, 2018, by the Administrative Law Judge (ALJ). Weatherby as an appellant in his brief however, since ALJ Weatherby is an appellee, we have chosen to list him as such. O’Bryan incorrectly identified Administrative Law Judge (ALJ) Jonathan R. WEATHERBY, ADMINISTRATIVE LAW JUDGE 1 AND WORKERS’ COMPENSATION BOARD APPELLEES OPINION AFFIRMING ** ** ** ** ** BEFORE: CLAYTON, CHIEF JUDGE DIXON AND GOODWINE, JUDGES. WC-15-80377 ZIP EXPRESS (CORRECTLY IDENTIFIED AS RAMP LOGISTICS, LLC) HON. APPELLANT PETITION FOR REVIEW OF A DECISION OF THE WORKERS’ COMPENSATION BOARD ACTION NO. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO.
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