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NEW DIRECTIONS HOUSING AUTHORITY v. WALKER

No. 2003-SC-0711-WC, 2003-SC-0795-WC.

149 S.W.3d 354 (2004)

NEW DIRECTIONS HOUSING AUTHORITY, Appellant, v. Deborah WALKER; James L. Kerr, Administrative Law Judge; and Workers' Compensation Board, Appellees. and Deborah Walker, Cross-Appellant, New Directions Housing Authority; Hon. James L. Kerr, Administrative Law Judge; and Workers' Compensation Board, Cross-Appellees.

Supreme Court of Kentucky.

November 18, 2004.

Attorney(s) appearing for the Case

Mark R. Bush, O'Bryan, Brown & Toner, PLLC, Louisville, Counsel for Appellant/Cross-Appellee.

Eric M. Lamb, Lamb & Lamb, PSC, Louisville, Counsel for Appellee/Cross-Appellant.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) granted the employer's motion to dismiss the claimant's application for benefits on the ground that she failed to introduce any proof within the 60-day period set forth in the scheduling order. Cornett v. Corbin Materials, Ky., 807 S.W.2d 56 (1991). The Workers' Compensation Board (Board) affirmed. The Court of Appeals vacated, however, on the ground that it was unclear...

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