In Brooks v. University of Louisville Hosp., Ky., 33 S.W.3d 526 (2000), the Kentucky Supreme Court was faced with slightly different circumstances. In Brooks, the claimant was injured in February 1995, prior to the December 1996 amendments.
However, benefits were awarded in August 1997, after the effective date of the December 1996 amendments.
The Court concluded that the December 1996 amendments were applicable because the award occurred after that date, even though the injury occurred prior to the date of the amendments' effective date. Id. at 529.