BULLOCK V. GOODWILL COAL CO.
WORKERS COMPENSATION: Petition for Reconsideration
2006-SC-000186-WC.pdf
PUBLISHED: REVERSING; OP. OF THE COURT W/LAMBERT NOT SITTING
DATE RENDERED: 2/22/2007
The Supreme Court reversed the Court of Appeals holding that an appeal from the ALJ’s decision was precluded by a failure to file a Petition for Reconsideration. The ALJ overlooked a University Evaluation which carries a rebuttable presumption that it is correct. While he failed to follow that evidence and failed to discuss it at all, no one pointed out the mistake to the ALJ. While the Court of Appeals held that this was fatal to the appeal, the Supreme Court held that it was not necessary because it would require a reconsideration of the merits, and the failure to file it was not fatal. It is probably always wise to file a Petition for Reconsideration. However, whether it is necessary or not is often unclear.
Digested by Peter Naake
