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WOODLAND HILLS MIN., INC. v. McCOY

No. 2002-SC-0540-WC.

105 S.W.3d 446 (2003)

WOODLAND HILLS MINING, INC., Appellant, v. Fon McCOY, Jr.; Hon. Donna H. Terry, Administrative Law Judge; Special Fund; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

May 22, 2003.

Attorney(s) appearing for the Case

W. Barry Lewis, Lewis and Lewis Law Offices, Hazard, for Appellant.

Thomas W. Moak, Stumbo, Moak & Nunnery, P.S.C., Prestonsburg, Counsel for Appellee, Fon McCoy.

Barbara Sutton, Labor Cabinet — Special Fund, Frankfort, for Appellee, Special Fund.

OPINION OF THE COURT

Having failed to convince an Administrative Law Judge (ALJ), the Workers' Compensation Board (Board), or the Court of Appeals, an employer continues to maintain that the December 12, 1996, version of KRS 342.125(1) is remedial and must be applied to the reopening of a claim that arose and was decided before the amendment's effective date. Noting that the motion to reopen was filed after December 12, 1996, the employer asserts that reopening...

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