WORKERS COMP (REOPENING): SAYRE CHRISTIAN VILLAGE NURSING HOME V. RAMSEY (COA 12/22/2006)

SAYRE CHRISTIAN VILLAGE NURSING HOME V. RAMSEY
WORKERS COMP:
Medical Expenses on re-opening
2006-CA-000001
PUBLISHED:  REVERSING AND REMANDING; BUCKINGHAM
DATE RENDERED: 12/22/2006

The ALJ dismissed the claimant’s re-opening for medical expenses based on her depression, relying on Slone v. Jason Coal Co. That case held that if a claimant is aware of depression at the time of settlement of his original injury claim, he cannot re-open based on the depression because that claim is merged into the original settlement. The Workers’ comp Board reversed on the grounds that Slone did not apply to medical benefits. The Court of Appeals reversed the Board, re-instating the ALJ’s dismissal, based on Slone.

digested by Peter Naake

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