Mr. Guenther regularly represents employers, insurance carriers, and third-party claim administrators in the defense of workers’ compensation claims.  Mr. Guenther has practiced workers’ compensation law since 1993 and has handled hundreds, if not thousands, of workers’ compensation claims in Kentucky. He is a distinguished speaker and author on this area of the law.

Some important tasks that Mr. Guenther routinely handles for his clients include:

• Pre-litigation analysis of the compensability of claims;
• Representation of employers in the defense of claims for temporary and permanent disability income benefits;
• Representation of employers and insurance carriers in medical disputes;
• Negotiation of settlements and preparation of Form 110-I Agreements as to Compensation;
• Handling of appeals before the Kentucky Workers’ Compensation Board, the Kentucky Court of Appeals, and the Supreme Court of Kentucky; and
• Pursuit of subrogation claims in workers’ compensation proceedings, state court, and federal court, including coordinating apportionment of benefits among workers’ compensation carriers, private disability insurance carriers, and health insurance carriers.

Mr. Guenther provides legal guidance to employers and insurance companies on whether to deny or accept workers’ compensation claims and represents employers in the defense of workers’ compensation claims once filed with the Kentucky Department of Workers’ Claims.

When a worker alleges an on-the-job injury, there are certain actions that an employer should immediately take to ensure that only legitimate claims are accepted. Such measures include immediately identifying and preserving any video evidence at the time and location of the alleged injury and having the employee immediately complete a written accident report. This report should be signed or prepared by the injured worker and should provide specific details as to the time and location of the accident, how the injury occurred, the body parts that were injured, and any witnesses who observed the accident.

The amounts paid to a worker injured on-the-job can be astronomical. Payment of these workers’ compensation benefits affects the employer’s insurance rates. Once a claim is accepted and benefits are paid, it is much more difficult to later assert defenses contesting the legitimacy of the claim. Therefore, it is critical that employers immediately conduct a thorough investigation of the alleged injury.

Mr. Guenther routinely represents employers and insurance companies in contesting claims for medical expenses in workers’ compensation claims. Mr. Guenther counsels insurers and employers regarding taking the proper procedural steps to deny claimed medical expenses and provides representation contesting medical expenses once litigation is initiated – either during the course of the litigation of the original claim or in post-award medical disputes. Employers and insurance companies are spending more and more money each year on medical expenses for employees who are injured on-the-job. Many of these claimed medical expenses are for chronic treatment of pain and include such treatment modalities as injections and expensive medications.

Mr. Guenther routinely counsels and represents individuals and entities involved in a variety of business disputes. Having handled such matters for over 25 years, Mr. Guenther recognizes the importance of reaching a quick and efficient resolution of business disputes whenever possible, as well as the importance of being prepared to initiate and aggressively pursue litigation when necessary. His trial experience and determination will benefit you or your company if formal litigation becomes necessary.

His approach is simple; he partners with every client to understand their immediate and long-term business needs, then develops a litigation strategy designed to meet his client’s best interests.

Mr. Guenther’s business litigation experience includes:

• Employment
• Affordable Care Act Compliance
• Breach of Contract/Fiduciary Duty
• Construction/Contractor Disputes
• Business Torts
• Collections
• Partnership/Ownership Disputes
• Bad Faith Litigation/Insurance Coverage Disputes
• Regulatory Litigation
• Restrictive Covenant/Non-Compete Agreements
• Property Damage Litigation
• Professional malpractice

Since beginning his law practice in 1993, Mr. Guenther has represented individuals seeking compensation for personal injuries.  This facet of Mr. Guenther’s practice includes representation of individuals injured in car accidents, work accidents, premises liability injuries, and victims of medical negligence.  Mr. Guenther relentlessly assists his clients in pursing claims for various damages, including claims for past and future medical expenses, past and future pain and suffering, past lost wages, and permanent impairment to earn income.  Mr. Guenther has decades of experience in negotiating with insurance companies to obtain favorable settlements for his clients.  When necessary, Mr. Guenther is always prepared to initiate court proceedings.  Mr. Guenther’s abundance of trial experience will benefit you if your claim winds up in court.

• University of Kentucky (1989)
• University of Kentucky College of Law (1993)

• Kentucky Bar Association
• Northern Kentucky Bar Association
• Cincinnati Bar Association

• Edgewood City Council (Kentucky), Past Member
• St. Pius X Catholic Church, Current Board Member and Past President Athletic Association
• St. Pius X Catholic Church Parish Council, Past Member
• Youth Sports, Baseball and Basketball Coach