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RANDALL CO. v. PENDLAND

No. 88-CA-432-S.

770 S.W.2d 687 (1988)

RANDALL COMPANY/RANDALL DIVISION OF TEXTRON, INC., and Aetna Life & Casualty/Aetna Casualty & Surety Company, Appellants, v. Eunice PENDLAND; Carol M. Palmore, Secretary of Labor (Special Fund); and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

Withdrawn and Reissued April 21, 1989.

Discretionary Review Denied by Supreme Court June 21, 1989.

Attorney(s) appearing for the Case

Max D. Picklesimer, Martin, Picklesimer, Curtis & Justice, Ashland, for appellants.

Patrick E. Price, Suit, McCartney & Price, Flemingsburg, for Eunice Pendland.

Cyril E. Shadowen, Cathy Utley Costelle, Labor Cabinet, Louisville, for Special Fund.

Before HOWERTON, C.J., and McDONALD and WILHOIT, JJ.

HOWERTON, Chief Judge.

The Randall Company appeals from a judgment of the Fleming Circuit Court upholding an award of the Workers' Compensation Board in favor of the claimant, Eunice Pendland. The company and the Special Fund argue that the claim is barred by the limitations found in KRS 342.185 and 342.270. The statutes impose a two-year time limit for filing a claim following the date of the work-related injury. The claim...

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