IMPORTANT NOTICE

NOT TO BE PUBLISHED OPINION

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RENDERED: JANUARY 20, 2022

NOT TO BE PUBLISHED

Supreme Court of Kentucky

2021-SC-0154-WC

RICKEY JACKSON APPELLANT

ON APPEAL FROM COURT OF APPEALS

V. NO. 2020-CA-1514

WORKERS’ COMPENSATION BOARD

NO. 19-WC-95750

PHOENIX TRANSPORTATION, INC., 

WORKERS’ COMPENSATION BOARD;

AND HONORABLE W. GREG HARVEY,

ADMINISTRATIVE LAW JUDGE

APPELLEES

MEMORANDUM OPINION OF THE COURT

AFFIRMING

This case is before the Court on administrative appeal as a matter of 

right1 by Rickey Jackson (Jackson), the Appellant. Jackson’s appeal before this 

Court concerns only the constitutionality of KRS2 342.730(4) and whether the 

provision improperly discriminates based upon age thus violating the 14th

Amendment of the United States Constitution and Sections 1, 2, and 3 of the 

Kentucky Constitution. The Workers’ Compensation Board lacked the authority 

to render a decision regarding the constitutionality of the statute, but affirmed 

the ALJ’s Opinion, Award and Order. On appeal, the Court of Appeals affirmed 

the constitutionality of the statute. Jackson appealed. 

 

1 Ky. Const. § 115.

2 Kentucky Revised Statutes.
2

For the following reasons, we affirm. 

I. FACTUAL AND PROCEDURAL BACKGROUND

On January 23, 2019, Jackson suffered a work-related injury within the 

course and scope of his employment with Phoenix Transportation, Inc. 

(Phoenix), the Appellee. Jackson was 70 years old at the time of the accident. 

On August 24, 2020, the ALJ rendered an Opinion, Award and Order. The ALJ 

found Jackson to be permanently totally occupationally disabled as a result of 

the injury. The ALJ awarded income benefits pursuant to KRS 342.730(4), 

which requires, in part, that income benefits terminate four years from the date 

of injury. Jackson’s income benefits will terminate on January 23, 2023. 

Jackson appealed the 4-year cap to the Workers’ Compensation Board 

(Board). As an administrative tribunal, the Board noted it had no jurisdiction to 

determine the constitutionality of a statute. However, the Board affirmed the 

ALJ’s application of KRS 342.730(4) based on Holcim v. Swinford, 581 S.W.3d 

37 (Ky. 2019). Jackson then appealed to the Court of Appeals, which affirmed 

the Board and the ALJ. Jackson appealed to this court.

II. ANALYSIS 

KRS 342.730(4) states:

All income benefits payable pursuant to this chapter shall 

terminate as of the date upon which the employee reaches the age 

of seventy (70), or four (4) years after the employee's injury or last 

exposure, whichever last occurs. In like manner all income benefits 

payable pursuant to this chapter to spouses and dependents shall 

terminate as of the date upon which the employee would have 

reached age seventy (70) or four (4) years after the employee's date 

of injury or date of last exposure, whichever last occurs.
3

Jackson argues the statute treats employees who are 66 or older at the time of 

their work-related injury differently than other employees. He opines this 

disparate treatment violates the Equal Protection Clause of 14th Amendment of 

the United States Constitution and Sections 1, 2, and 3 of the Kentucky 

Constitution. 

In our recently published Opinion—Cates v. Kroger, 627 S.W.3d 864 (Ky. 

2021)—this Court addressed whether the 2018 Amendment to KRS 342.730(4) 

violates the Equal Protection Clause. The Appellants in that case argued, as 

Jackson does herein that the statute treats older injured works less favorably 

than their younger counterparts. 

In Cates, we held “the current version of KRS 342.730(4) is not violative 

of the Equal Protection Clause because the age classification is rationally 

related to a legitimate state purpose.” 626 S.W.3d at 871. There is nothing in 

this case that distinguishes Jackson’s appeal from the issue presented and 

settled in Cates. As such, we hold Cates to be dispositive in this matter. 

III. CONCLUSION

For the foregoing reasons, we affirm the ALJ’s Opinion, Award and Order 

dated August 24, 2020. 

All sitting. All concur.
4

COUNSEL FOR APPELLANT:

Danny E. Darnall

COUNSEL FOR APPELLEE, Phoenix Transportation. Inc:

Jonanna F. Ellison

Aziza H. Ashy-Jones

Fowler Bell PLLC

Administrative Law Judge:

Hon. Greg Harvey

Workers’ Compensation Board

Michael Wayne Alvey,

Chairman