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LIZDO v. GENTEC EQUIPMENT

No. 2001-SC-0139-WC.

74 S.W.3d 703 (2002)

Senad LIZDO, Appellant, v. GENTEC EQUIPMENT; James L. Kerr, Administrative Law Judge; Robert L. Whittaker, Director of Special Fund; and Workers' Compensation Board Appellees.

Supreme Court of Kentucky.

May 16, 2002.

Attorney(s) appearing for the Case

Edward A. Mayer, Louisville, Counsel for Appellant.

Joel D. Zakem, Labor Cabinet—Special Fund, Frankfort, Counsel for Special Fund.

Peter J. Glauber, Louisville, Counsel for Gentec Equipment.

OPINION OF THE COURT

REVERSING AND REMANDING

The Court of Appeals has reversed the Workers' Compensation Board (Board) and reinstated an Administrative Law Judge's (ALJ's) decision to the effect that because the employer complied with KRS 342.040(1), the failure of the Commissioner of the Department of Workers' Claims (Commissioner) to notify the claimant of his right to prosecute did not toll the period of limitations. We have concluded, however, that...

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