DOUG GABEHART, LLC D/B/A ALL AMERICAN CONSTRUCTION PETITIONER
v.
PAUL DICKEN; UNINSURED EMPLOYERS' FUND; AND HON. JOHN H. MCCRACKEN, ADMINISTRATIVE LAW JUDGE RESPONDENTS
No. 202000168
Kentucky Workers Compensation
Commonwealth of Kentucky Workers’ Compensation Board
February 26, 2021
APPEAL
FROM HON. JOHN H. MCCRACKEN ADMINISTRATIVE LAW JUDGE.
HON
LARRY ASHLOCK LMS
HON
TIM WILSON LMS
HON
CLINT G WILLIS LMS
BEFORE: ALVEY, Chairman, STIVERS and BORDERS, Members.
OPINION
DISMISSING & REMANDING
BORDERS, Member.
Doug
Gabehart, LLC d/b/a/All American Construction
(“Gabehart”) appeals from the December 14, 2020
Interlocutory Opinion, Award, and Order and the January 15,
2021 Order on Petition for Reconsideration rendered by Hon.
John McCracken, Administrative Law Judge (“ALJ”).
The ALJ determined Paul Dickens (“Dickens”) was
an employee of Gabehart, and that he suffered a severe right
foot and leg injury as a result of a work-related fall on
November 21, 2019 and has not reached maximum medical
improvement (“MMI”) from his injuries. The ALJ
placed the claim in abeyance and ordered Gabehart to pay for
medical treatment and to institute temporary total disability
(“TTD”) benefits until he achieves MMI. The ALJ
passed on ruling on the remaining issues regarding permanency
of the injuries.
Gabehart
filed a Petition for Reconsideration regarding the correct
average weekly wage, and Dicken filed a Petition for
Reconsideration to correct a typographical error concerning
the start date of TTD benefits. The ALJ thereafter entered
Orders correcting the errors regarding the rate and duration
of TTD.
On
appeal, Gabehart argues the ALJ erred in determining Dicken
was an employee at the time of his accident. The Opinion,
Award, and Order of December 14, 2020 and the Order on
Reconsideration of January 15, 2021 are interlocutory in
nature. They are not final and appealable. Therefore, this
appeal must be dismissed.
Dicken
filed a Form 101 alleging he suffered work-related injuries
to...
