WORKERS COMP: Limitations period for reopening and subsequent order re benefits — ALLENE HALL V. HOSPITALITY RESOURCES, INC. (SC 11/26/2008)

ALLENE HALL V. HOSPITALITY RESOURCES, INC.
WORKERS COMP:  Limitations period for reopening and subsequent order re
benefits
2007-SC-000153-WC.pdf
PUBLISHED: REVERSING
OPINION BY SCOTT; MINTON DISSENTS BY SEP. OP. IN WHICH ABRAMSON, VENTERS JOIN
FROM COURT OF APPEALS
DATE RENDERED: 11/26/2008

KRS 342.125 states that an original award or order granting or denying benfits may be reopened within four years of its date. Ms. Hall had been injured in 1995, and settled her case in 1997. In 2001, she reopened her case and was awarded temporary total disbility benefits while she underwent a low back surgery. In 2002 she reached maximum medical improvement and moved to reopen her case for increased disability. Originally this was denied base on the four year limitation on reopening, but the ALJ later reopened the case on the grounds that the motion to reopen the case for purposes of temporary total disability encompassed a reopening for all purposes. The Court of Appeals reversed holding that the claimant could have pre-filed a motion to reopen for increased disability while still recovering and would have dismissed her claim. However, the Supreme Court reversed the Court of Appeals, holding that the statute allows a case to be reopened for increased disability within four years of the last order granting or denying benefits.

By Peter Naake

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