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LAWSON v. WAL-MART STORES, INC.

Nos. 2000-CA-002322-WC, 2000-CA-002598-WC.

56 S.W.3d 417 (2001)

Janice LAWSON, Appellant, v. WAL-MART STORES, INC.; Richard H. Campbell, Administrative Law Judge; and Workers' Compensation Board, Appellees, and Bryant Keith Potter, Appellant, v. Toyota Motor Manufacturing, Kentucky, Inc.; John B. Coleman, Administrative Law Judge; Robert L. Whittaker, Director of Special Fund; and Workers' Compensation Board, Appellees.

Court of Appeals of Kentucky.

September 7, 2001.

Attorney(s) appearing for the Case

John E. Anderson, Cole, Cole & Anderson, P.S.C., Barbourville, KY, for Appellant.

Frank M. Jenkins, III, Lexington, KY, for Appellant.

Walter A. Ward, Clark, Ward & Cave, Lexington, KY, for Appellee Wal-Mart Stores, Inc.

H. Douglas Jones, Kenneth J. Dietz, H. Douglas Jones & Assoc., P.L.L.C., Florence, KY, for Appellee Toyota Manufacturing, Kentucky, Inc.

Joel D. Zakem, Frankfort, KY, for Appellee Special Fund.

Before DYCHE, HUDDLESTON and McANULTY, Judges.

OPINION

HUDDLESTON, Judge.

These workers' compensation appeals present a common issue of law: whether the payment of temporary disability benefits, subsequent to the running of the original two-year period to file a claim after the date of an injury, serves to revive a claim and give a claimant two years from the date of the last payment of temporary benefits to file a claim, pursuant to Kentucky Revised Statute (KRS) 342.185(1).

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