Feb. 8, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:07)
PUBLISHED (COA).
STONE V. COM.STEEPLECHASE SUBDIVISION HOMEOWNERS
ASSOCIATION V. THOMAS
PROPERTY: Mechanics lien does not include services provided by contractor
(mowing, etc).
2006-CA-002146
PUBLISHED: REVERSING
PANEL: THOMPSON PRESIDING JUDGE; BUCKINGHAM, HENRY CONCUR
COUNTY: BOONE
DATE RENDERED: 2/08/2008
Steeplechase Subdivision Homeowners Association, Inc. appealed from an order and judgment awarding judgment on a mechanic's lien asserted against a common area in the Steeplechase Subdivision on which the neighborhood clubhouse and swimming pool are located. Steeplechase asserts that the lien is not enforceable under KRS 376.010. Because the lien was for maintenance, street cleaning services, and mowing services, CPA held that it was unenforceable and reverse as services provided by contractor could not give rise to mechanics' lien.
Michael Stevens
Stone was totally occupationally disabled due to a cervical injury sustained while working for Alcan. At that time, Alcan had three retirement plan options: normal, early and full disability. Under the normal retirement plan, at age 65, an employee could retire and receive a defined benefit calculated by a dollar amount times years of service. Under the early retirement plan, an employee who had reached the age of 60 could retire and receive a discounted amount. The full disability retirement plan available to an employee who met certain medical criteria, was calculated similarly to the normal retirement benefit, without the discount for early retirement. In this case, Stone opted to receive $990.54 per month in disability retirement benefits, which is 15% more than he would have received under early retirement.
Under KRS 342.730(6)(Determination
of income benefits for disability -- Survivors' rights -- Termination -- Offsets
-- Notification of return to work), an offset is allowed against workers' compensation benefits for income benefits paid from certain employer-funded disability or accident and sickness plans. When Jackie Stone ceased working for Alcan Aluminum due to a total, permanent disability, he elected to receive benefits under Alcan's disability retirement benefits plan. The issue is whether the benefits paid to Stone under the plan met the requirements of KRS 342.730(6).
COA affirmed the Workers' Compensation Board's opinion which held Alcan should receive an offset only for the amount that Stone's disability pension exceeds the pension to which he would have been entitled under Alcan's early retirement.
Michael Stevens
NOT PUBLISHED (COA)
FITZGERALD V. HAMMOCKYONTS V. YONTS
FAMILY LAW: VETERAN'S DISABILITY PENSION AND DIVORCE
2006-CA-002147
NOT PUBLISHED: 95
DATE RENDERED: 2/08/2008
ATKINS V. SPECIALIZED ALTERNATIVES FOR FAMILIES
AND YOUTH
WORKERS COMP
2007-CA-002151
NOT PUBLISHED: 116
DATE RENDERED: 2/08/2008
SHACKELFORD V. SHACKELFORD
FAMILY LAW
2006-CA-000421
NOT PUBLISHED: 129
DATE RENDERED: 2/21/2008
TANNER V. COM
CRIM
2006-CA-000917
NOT PUBLISHED: 79
DATE RENDERED: 2/08/2008
MITCHELL V. COM
CRIM
2006-CA-001244
NOT PUBLISHED: 84
DATE RENDERED: 2/08/2008
BARTON V. COM
CRIM
2006-CA-001700
NOT PUBLISHED: 112
DATE RENDERED: 2/08/2008
THORNTON V. COM
CRIM
2006-CA-001768
NOT PUBLISHED: 96
DATE RENDERED: 2/08/2008
SHEPHERD V. COM
CRIM
2006-CA-002080
NOT PUBLISHED: 90
DATE RENDERED: 2/08/2008
GOODLETT V. GOODLETT
FAMILY LAW
2006-CA-002133
NOT PUBLISHED: 95
DATE RENDERED: 2/08/2008
DOZIER V DOZIER
FAMILY LAW
2006-CA-002541
NOT PUBLISHED: 101
DATE RENDERED: 2/08/2008
DAVIS V. DAVIS
FAMILY LAW
2007-CA-000107
NOT PUBLISHED: 101
DATE RENDERED: 2/08/2008
RILEY V. BRANTLEY
ZONING
2007-CA-000522
NOT PUBLISHED: 134
DATE RENDERED: 2/08/2008
CAB. FOR HEALTH AND FAMILY SERVICES V. D (N.J.N.)
FAMILY LAW: JUVENILE LAW, REHAB SERVICES
2007-CA-001844
NOT PUBLISHED: 65
DATE RENDERED: 2/08/2008
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