Statute of limitations for reopening WC claim: RAMSEY V. SAYRE CHRISTIAN VILLAGE NURSING (SC 11/21/2007)

RAMSEY V. SAYRE CHRISTIAN VILLAGE NURSING
WORKERS COMP:  Statute of limitations for reopening claim
2007-SC-000052-WC.pdf
PUBLISHED: AFFIRMING
OPINION BY COURT; LAMBERT DISSENTS BY SEP. OP.
DATE RENDERED: 11/21/2007

In the workers compensation appeal applying the statute of limitations in reopening a claim, the SC affirmed the COA and held the claimant knew of her depression during the initial proceeding and because she did not assert she was entitled to medical benefits for the depression until more than two years after the original award, the ALJ did not err in dismissing that portion of her claim at reopening.KRS 342.185(1) and KRS 342.270(1) require a claim to be filed within two years after a work-related accident or the termination of voluntary income benefits, whichever occurs last, and require all known causes of action to be joined to the claim or be waived.