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RENDERED: MAY 24, 2013; 10:00 A.M. NOT TO BE PUBLISHED

Commonwealth of Kentucky Court of Appeals
NO. 2012-CA-001963-WC KELLY GRIFFITH APPELLANT

v.

PETITION FOR REVIEW OF A DECISION OF THE WORKERS' COMPENSATION BOARD ACTION NO. WC-08-01113

TY COLWELL; RONALD LAMB D/B/A RON'S ELECTRIC; HON. CHRIS DAVIS, ADMINISTRATIVE LAW JUDGE; WORKERS' COMPENSATION BOARD; AND UNINSURED EMPLOYERS' FUND

APPELLEES

OPINION REVERSING AND REMANDING ** ** ** ** ** BEFORE: COMBS, STUMBO AND VANMETER, JUDGES. STUMBO, JUDGE: Kelly Griffith petitions for review of an opinion of the Workers' Compensation Board (Board). The sole issue on appeal is whether Griffith is a contractor, as that term is defined in Kentucky Revised Statutes (KRS) 342.610(2)(b) and KRS 342.700, and consequently liable to Ty Colwell for "up-

the-ladder" workers' compensation benefits. Because the Board construed the statutory definition too expansively, we reverse and remand for further proceedings. Griffith, a licensed motor vehicle dealer, is the owner and operator of Auto Connection Used Trucks and Cars, a business which sells and trades used automobiles and trucks. In 2007, he purchased an empty lot in Junction City, Kentucky, where he planned to construct a new building for his dealership. In order to save ten to fifteen percent on construction costs, Griffith served as his own general contractor, hiring various subcontractors to perform the different tasks necessary for the construction of the building. These subcontractors graded and excavated the property, placed gravel and poured concrete, framed the building and installed plumbing. One of these subcontractors, Ron Lamb d/b/a Ron's Electric, was hired by Griffith to complete some electrical work left unfinished by another electrical subcontractor. Lamb in turn hired Ty Colwell to assist him in completing the electrical work on Griffith's new building. Colwell was subsequently injured when a ladder he was standing on slipped while he was installing some wiring in the ceiling. Ron Lamb did not have any workers' compensation insurance. Colwell filed for benefits from the Uninsured Employers' Fund (UEF). The UEF joined Griffith as a party, alleging that he was a contractor who had up-the-ladder liability pursuant to KRS 342.610(2) and 342.700(2). The Administrative Law judge agreed with the UEF. The Board affirmed the ALJ's opinion and this appeal followed. -2-

Our standard of review requires us to show deference to the rulings of the Board. The function of further review of the WCB in the Court of Appeals is to correct the Board only where the Court perceives the Board has overlooked or misconstrued controlling statutes or precedent, or committed an error in assessing the evidence so flagrant as to cause gross injustice. Western Baptist Hosp. v. Kelly, 827 S.W.2d 685, 687

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