Kentucky

Exception for reopening claim applied retroactively: OFFICEWARE V. JACKSON (SC 3/20/2008)

By Michael Stevens

OFFICEWARE V. JACKSON
WORKERS COMP:  Time period for reopening claim
2007-SC-000303-WC.pdf
PUBLISHED: AFFIRMING
OPINION OF THE COURT
DATE RENDERED: 3/20/2008

SC affirmed ALJ's holding that reopening claim was not time barred finding that the statutory amendment adding an exception to the four-year limitations period for reopening a workers' compensation claim after original award existed for a claim seeking temporary total disability benefits during period of original award was is a remedial provision involving a change to the procedural requirements for reopening, and thus, the exception applies retroactively to original claims that arose and were decided before the amendment's July 14, 2000 effective date.  Furthermore, the employer's denial of claimant's request to reopen was unreasonable, and thus, claimant was entitled to interest on past-due benefits at statutory rate of 18 percent and to award of attorney fees.

Full post as published by Kentucky Cases on May 22, 2008 (boomark / email).