In a decision rendered April 27, 2017, the Kentucky Supreme Court addressed the constitutionality of KRS 342.730(4) (adopted in 1996), which allows for the termination of workers’ compensation benefits when the injured employee qualifies for “normal old-age Social Security retirement benefits” under 42, U.S.C. secs. 301 to 1387f, or two years after the employee’s injury, whichever last occurs.
In deeming KRS 342.730(4) unconstitutional under the Equal Protection Clause, the Court found there was no reasonable basis for treating older injured workers differently from younger injured workers. The Court also found that KRS 342.730(4) violates the prohibition against special legislation found in Section 59 of the Kentucky Constitution, noting that “[a] special law is legislation which arbitrarily or beyond reasonable justification discriminates against some persons or objects and favors others.” (citation omitted)