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NEWBERG v. HUDSON

Nos. 91-SC-735-WC, 91-SC-736-WC.

838 S.W.2d 384 (1992)

Vicki G. NEWBERG, Acting Director of Special Fund, Appellant, v. Harold HUDSON; Highland Coal Co.; Richard H. Campbell, Administrative Law Judge; and Workers' Compensation Board, Appellees. HIGHLAND COAL COMPANY, Appellant, v. Harold HUDSON; Larry D. Beale, Director of Special Fund; Richard H. Campbell, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing September 3, 1992.

Case Ordered Published by Supreme Court September 3, 1992.

Attorney(s) appearing for the Case

John E. Stephenson, Labor Cabinet — Special Fund, Louisville, for Newberg, Acting Director of Special Fund.

Timothy Joe Walker, Reece, Lang and Breeding, P.S.C., London, for Highland Coal Co.

Thomas W. Moak, Martin, for appellee Hudson.

STEPHENS, Chief Justice.

The contested issues in this workers' compensation case involve the employer's notification obligations under KRS 342.038 and KRS 342.040 and the effect of an employer's failure to comply with these provisions. KRS 342.038 requires an employer to notify the Workers' Compensation Board (Board) of a work-related injury. KRS 342.040 requires the employer to notify the Board of the employer's termination of compensation payments or of the failure...

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