JOHNSON v. GANS FURNITURE INDUSTRIES, INC.

No. 2002-SC-0542-WC.

114 S.W.3d 850 (2003)

Teresa JOHNSON, Appellant, v. GANS FURNITURE INDUSTRIES, INC.; Hon. Irene Steen, Administrative Law Judge; Robert L. Whitaker, Director of Special Fund; Hon. Ben Chandler, Attorney General; and Workers' Compensation Fund, Appellees.

Supreme Court of Kentucky.

September 18, 2003.


Attorney(s) appearing for the Case

Wayne C. Daub, Louisville, Counsel for Appellant.

Timothy P. O'Mara, Middleton & Reutlinger, Louisville, Counsel for Appellee, Gans Furniture.

David W. Barr, Labor Cabinet—Special Fund, Frankfort, Counsel for Appellee, 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 and that it should not be applied retroactively to awards that were entered before its effective date. She maintains that by limiting the time for reopening an award that was entered before December 12, 1996, the provision deprives her of a

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