Article ID: 2a12cdc2c7c14e889ed6feb75eac0591d368ae91a60dcd36744fb821cc40ca9e
Source ID: secondary:businessinsurance.com
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URL: https://www.businessinsurance.com/wage-calculation-limited-medical-billing-dispute-revived-ky-court/
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Wage calculation limited, medical billing dispute revived: Ky. court - 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 Wage calculation limited, medical billing dispute revived: Ky. court by Louise Esola Workers Comp Coverage Mar 24, 2026 The Kentucky Supreme Court on Thursday ruled that mileage reimbursements do not count toward an injured worker’s average weekly wage, while also reviving a dispute over unpaid medical bills in a closely watched workers compensation case. In a split decision in Harris v. Mercy Home Health , the court affirmed in part and reversed in part a lower court ruling involving Tamala Harris, a home health worker who sustained shoulder and back injuries while assisting patients. The justices upheld the exclusion of travel reimbursements from wage calculations but found errors in how the lower courts handled a denied medical bill and related procedural issues. At issue was whether mileage reimbursements — paid for travel between patient visits — should be included in the average weekly wage, a key figure used to determine indemnity benefits. The court held they should not, concluding such payments merely reimburse expenses and do not represent “real economic gain” to the employee. However, the court sided with Ms. Harris on a separate issue involving an unpaid medical bill that had been denied by the employer’s insurer. An administrative law judge had ruled the bill was not compensable because it was not submitted within the statutory 45-day window. The Supreme Court disagreed, holding that the deadline may be excused when an employer denies the underlying claim. In such cases, requiring timely submission would be futile because the employer has already disputed liability, the court said. The justices also rejected the Court of Appeals’ conclusion that the issue was moot after the employer voluntarily paid the bill during litigation. Applying the “voluntary cessation” doctrine, the court said allowing dismissal would enable employers to avoid appellate review by paying disputed claims at the last minute. Additionally, the court found procedural error in the appellate court’s refusal to accept an amicus brief from an insurance group, clarifying that such filings are permitted in workers compensation appeals. 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