In Day v. Day, No. 2008-CA-000133-MR (Ky. App. 2008) the Court of Appeals addressed the issue of whether workers’ compensation benefits constitute marital property. The simple answer was in the affirmative.  Exceptions do exist, but none were applicable to the facts of Day.

Commentary:   The sting of this decision smarted all the more because appellant was injured only three months before separation and received his settlement only months prior to dissolution.
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