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BILL BAKER PAINTING v. BARRY

No. 2005-SC-0029-WC.

179 S.W.3d 860 (2005)

BILLY BAKER PAINTING Appellant, v. Daniel BARRY, Hon. Bonnie C. Kittinger, Administrative Law Judge; and Workers' Compensation Board Appellees.

Supreme Court of Kentucky.

Rehearing Denied January 19, 2006.

Attorney(s) appearing for the Case

Douglas A. U'Sellis, U'Sellis & Kitchen, PSC, Louisville, Counsel for Appellant.

Christopher P. Evensen, Tamara Cotton & Associates, Louisville, Counsel for Appellee.

OPINION OF THE COURT

The defendant-employer failed to include a "payment adjustment end date," when notifying the Department of Workers' Claims that it was terminating voluntary temporary total disability (TTD) benefits due to the claimant's return to work. For that reason, the Department did not notify the claimant of his right to file an application for benefits and of the applicable period of limitations. An Administrative Law Judge (ALJ) determined subsequently...

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