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BENTLEY v. AERO ENERGY, INC.

No. 94-CA-2250-WC.

903 S.W.2d 912 (1995)

Ernest BENTLEY, Appellant, v. AERO ENERGY, INC.; Vicki G. Newberg, Acting Director of Special Fund; Lloyd R. Edens, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

July 28, 1995.

Attorney(s) appearing for the Case

Miller Kent Carter, Branham & Carter, P.S.C., Pikeville, for appellant.

Joel D. Zakem, Labor Cabinet, Louisville, for appellee Special Fund.

Before HOWERTON, JOHNSTONE and SCHRODER, JJ.

JOHNSTONE, Judge.

The question presented by this petition for review is whether the failure of the administrative law judge (ALJ) to render a decision within the 90-day time frame prescribed in 803 KAR 25:011 § 10(6)(a) renders that decision a nullity, entitling the claimant to a new hearing and decision within the required time limit. The Workers' Compensation Board perceived no due process deprivation in the failure to adhere to the time requirements of the...

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