On August 26, 2007, WLF scored a victory when the Kentucky Supreme Court affirmed a lower court ruling that rejected attempts by plaintiffs’ lawyers to circumvent Kentucky workers’ compensation program. The Court held that the so-called “exclusive remedy” immunity in the Kentucky statute was properly invoked by the companies and not unconstitutional. Under Kentucky law, a contractor becomes a statutory employer, and thus, is immune from tort liability, if the work it subcontracted is a “regular or recurrent” part of the work or trade of the contractor. In that circumstance, injured employees are compensated under the state’s workers’ compensation program instead.