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OFFICEWARE v. JACKSON

No. 2007-SC-000303-WC.

247 S.W.3d 887 (2008)

OFFICEWARE, Appellant v. Stephen Jay JACKSON, Honorable Sheila C. Lowther, Chief Administrative Law Judge, and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

March 20, 2008.

Attorney(s) appearing for the Case

James Gordon Fogle, Ferreri & Fogle, Louisville, KY, Counsel for Appellant, Officeware.

Michael P. Neal, Sewell, O'Brien & Neal, PLLC, Louisville, KY, Counsel for Appellee, Stephen Jay Jackson.

OPINION OF THE COURT

As amended effective July 14, 2000, KRS 342.125(3) includes "seeking temporary total disability benefits during the period of an award" among the exceptions to the prohibition on reopening a claim "more than four (4) years following the original award or order granting or denying benefits."

An Administrative Law Judge determined that KRS 342.125(3) did not bar the claimant's motion to reopen to obtain temporary total disability (TTD...

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