NYGAARD v. GOODIN BROS., INC.

No. 2002-SC-0673-WC.

107 S.W.3d 190 (2003)

Bill R. NYGAARD, Appellant, v. GOODIN BROTHERS, INC; Wausau Insurance Company; Hon. Irene Steen, Administrative Law Judge; Division of Workers' Compensation Funds, Successor to Special Fund; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

June 12, 2003.


Attorney(s) appearing for the Case

Rodger W. Lofton, Paducah, Counsel for Appellant.

Daniel S. Stratemeyer, Boehl, Stopher & Graves, Paducah, Counsel for Appellees, Goodin Brothers, Inc. and Wausau Insurance Company.

David Barr, Division of Workers' Compensation Funds, Frankfort, Counsel for Appellee, Division of Workers' Compensation Fund, Successor to Special Fund.


OPINION OF THE COURT

This appeal by a workers' compensation claimant asserts that the December 12, 1996, version of KRS 342.125(8) is unconstitutional under Saylor v. Hall, Ky., 497 S.W.2d 218 (1973), because by limiting the time for reopening an award that was entered before its effective date, it can serve to extinguish a worker's right to reopen before it becomes vested.

The claimant was injured in 1990. He settled...

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