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Kentucky court upholds coal miner’s comp retaliation verdict - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Kentucky court upholds coal miner’s comp retaliation verdict by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Jun 15, 2026 A Kentucky appeals court on Friday upheld a jury verdict in favor of a coal miner who alleged he was laid off in retaliation for seeking workers compensation medical benefits, but ordered a trial court to reconsider his attorney fee award. The Kentucky Court of Appeals on Friday affirmed a Pike Circuit Court judgment in favor of Abram Scott Adkins in Lazarus Coal LLC v. Abram Scott Adkins but vacated an $8,000 attorney fee award and remanded for further findings. Lazarus Coal hired Mr. Adkins as a roof bolter in August 2022. On Feb. 16, 2023, a rock fell on his arm while he was working in a Lazarus Coal mine. The company did not dispute that he suffered a work-related injury. Mr. Adkins was treated at Pikeville Medical Center, received stitches and was released to return to work the next day with light-duty restrictions. According to the ruling, Mr. Adkins said he was told to resume roof bolting and was moved to the night shift at the end of his Feb. 17 shift. He was laid off Feb. 23. Mr. Adkins sued Lazarus Coal in March 2023, alleging he was discharged in retaliation for attempting to obtain workers compensation benefits. A jury found in his favor and awarded him $8,000 in lost wages but nothing for emotional distress. Lazarus Coal argued there was insufficient evidence that Mr. Adkins pursued a workers compensation claim before he was laid off, or that the company knew he was doing so. The appeals court disagreed, holding that a worker does not need to formally file a comp claim to bring a retaliation claim if there is evidence the worker was pursuing benefits. The court also rejected Lazarus Coal’s argument that the claim failed because Mr. Adkins missed no more than one day of work, saying Kentucky law does not require such a threshold for workers compensation retaliation claims. But the appeals court said the trial court abused its discretion by awarding only $8,000 in attorney fees without explaining why it rejected Mr. Adkins’ request for more than $50,000. The case was remanded for a new attorney fee determination using the state’s analysis. 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