Kentucky

Reopening workers compensation claim, evidence needed: ST. JOSEPH HOSP. v. PAMELA LITTLETON-GOODAN (SC 8/21/2008)

By Michael Stevens

ST. JOSEPH HOSP. v. PAMELA LITTLETON-GOODAN
WORKERS COMP:  Evidence considered in re-opening of claim
2007-SC-000688-WC.pdf
PUBLISHED: AFFIRMING
OPINION OF THE COURT; VENTERS NOT SITTING
DATE RENDERED: 8/21/2008; 9/17/2008

When deciding the reopening that is the subject of this appeal, the Administrative Law Judge (ALJ) relied on a Form 107 medical report that accompanied the claimant's initial application for benefits although neither party designated it as being part of the evidence at reopening. The Workers' Compensation Board (Board) and the Court of Appeals affirmed.

The Supreme Court held that the administrative law judge could consider medical report submitted with initial claim, even though the report was not designated as part of the evidence at reopening. 

When deciding the reopening that is the subject of this appeal, the Administrative Law Judge (ALJ) relied on a Form 107 medical report that accompanied the claimant's initial application for benefits although neither party designated it as being part of the evidence at reopening.  The  ALJ may consider any portion of the record in the original proceeding that is relevant at reopening, regardless of whether a party designates it as evidence.

Briefs:

Appellee's Brief

COA DECISION: 2007CA000633

Digested by Michael Stevens

Full post as published by Kentucky Cases on October 21, 2008 (boomark / email).