Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Brandon Voelker
1 Answer | Asked in Workers' Compensation for Kentucky on
Q: Does my employer have to pay me my hourly rate for the time that I spend at the doctor? For the work-related injury
Brandon Voelker
Brandon Voelker answered on Jan 10, 2020

Unfortunately no, you can submit for mileage reimbursement for your travel.

2 Answers | Asked in Criminal Law for Kentucky on
Q: I have probation in Boyd Co. I was violated for not reporting to my probation officer and for that I served five

Months in the Boyd Co. Detention center and was released to a detainee in Bath Co. For not paying my child support there served a few days in jail there and released with a ankle monitor with conditions I start making payments on my child support the ankle monitor was removed once the judge was... Read more »

Brandon Voelker
Brandon Voelker answered on Jan 8, 2020

Any probation violation is subject to a hearing before the Judge. You could deny the violation and seek a hearing on whether a violation occurred. Just because probation and parole allege a violation, is not a finding of violation, that determination is left for the Judge.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: I'd like to know if I can be legally violated on probation for what I explained happened
Brandon Voelker
Brandon Voelker answered on Jan 8, 2020

This question is difficult to answer, based on question posed. Probation violations typically are for doing something prohibited or set forth in a person's terms of probation, i.e. no alcohol or drugs, must find a job, etc.... When asking about "for what I explained happened," if... Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for Kentucky on
Q: How long can WC delay TTD for a job related injury in ky? It's been over a month without surgery approval or TTD.

I was hurt on 11/06/19, the dr took me off work on 12/03/19 after the MRI results came in showing I have a full thickness tear of my supraspinatus tendon in my left shoulder. My doctor requested surgery approval. I have not received the approval or TTD and it's been 30+ days. It was turned... Read more »

Brandon Voelker
Brandon Voelker answered on Jan 7, 2020

You can file a complaint with the Commissioner of the Department of Workers Claim for violations of the Unfair Claims Practice Act, for essentially failing to respond to a request timely. Unfortunately, the remedy is the Workers Compensation Board may fine the employer, but you do not receive the... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: Can I get into trouble for something I done as a kid at 13 or 14 years old that I'm now a 28 year old adult male

Child against child

Brandon Voelker
Brandon Voelker answered on Jan 3, 2020

Would depend on what it was. There is no statute of limitations for a felony.

View More Answers

2 Answers | Asked in Criminal Law and Small Claims for Kentucky on
Q: What does the letter "S" mean in a case number in Warren Court in the state of KY
Brandon Voelker
Brandon Voelker answered on Dec 28, 2019

The “S” is likely a Case No. 19-S-a number which is a reference for a small claims case.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: Is the 1381 code be entered into another state to state requesting this motion? Or is this strictly for one state only?

Like Kentucky and Virginia states would acknowledge this 1381 code??

Brandon Voelker
Brandon Voelker answered on Dec 28, 2019

The terminology is different in each state

View More Answers

3 Answers | Asked in Criminal Law and Federal Crimes for Kentucky on
Q: Ok my friend was pulled over and charged w/trafficking meth and heroin they told him the reason they pulled him over is

Because he had a tail light out and no insurance now when he went to jail that was night on his paper work and no charger's on taillight or insurance oh he also was charged with defaced fire arm now where they said they pulled him over for one reason but was charged with a different and no... Read more »

Brandon Voelker
Brandon Voelker answered on Dec 28, 2019

The citation does not have to have a charge for the stop. The issue is one of whether there was a reasonable suspicion to pull over. There may be grands to suppress the stop depending on the reason for pulling over.

View More Answers

2 Answers | Asked in Criminal Law and Family Law for Kentucky on
Q: My child got a medical needs trust and her father was over he missed used the funds within a year .

I spoke with the judge over it she sent him a subpoena u think she is taking it serious?

Brandon Voelker
Brandon Voelker answered on Dec 28, 2019

Look and see if a bond was required to be posted.

View More Answers

2 Answers | Asked in Criminal Law for Kentucky on
Q: I need help with the charge of promoting contraband in the 1st degree. I am scared to death, need advice

I have never been charged with nor have ever been in trouble in my life. I worked at the prison for almost a year with exceptional job performance appraisals. The morning I was charged, I was working a double shift that day and was in a hurry to make sure I had everything needed. I thought I picked... Read more »

Brandon Voelker
Brandon Voelker answered on Aug 27, 2018

Normally most criminal statutes will require intent. You will need to speak with your public defender and advise of all facts. Appears intent will be difficult for the Commonwealth to prove.

View More Answers

3 Answers | Asked in Personal Injury and Car Accidents for Kentucky on
Q: Can a pedestrian be at fault in any way if they are injured by a car?
Brandon Voelker
Brandon Voelker answered on Aug 22, 2018

Yes, Kentucky is a comparative fault state. A jury will decide the level of fault for each party. A person can be assinged 1-100% of the fault. For example, if the jury determines the pedestrian was at fault at all, they could be assigned a percentage of fault. For example, jury finds $100,000... Read more »

View More Answers

2 Answers | Asked in DUI / DWI for Kentucky on
Q: Is driving after smoking marijuana considered a DUI in Kentucky?
Brandon Voelker
Brandon Voelker answered on Aug 22, 2018

Yes, driving under the influence can be based on any substance that impairs a persons ability to drive

View More Answers

1 Answer | Asked in Bankruptcy for Kentucky on
Q: Can you file chapter 7 on federal income taxes
Brandon Voelker
Brandon Voelker answered on Mar 28, 2017

Yes, there are very specific rules, but first and foremost, that you filed all returns timely and they were not fraudulent. You should contact a bankruptcy attorney to discuss your specific situation.

1 Answer | Asked in Workers' Compensation for Kentucky on
Q: If an employee was full time when work related incident happened and got workers comp but changes status from full time

If an employee was full time when work related incident happened and got workers comp but changes status from full time to casual will the employee still get workers comp?

Brandon Voelker
Brandon Voelker answered on Mar 28, 2017

It depends on whether the worker has returned to work and what workers compensation benefit being referred to. If you return to work, after receiving TTD benefits, and then are reduced in hours, you will probably not receive additional TTD benefits. Your medical and all other workers compensation... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.