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RADCO ASBESTOS SPECIALISTS, INC. v. LYONS

No. 2008-SC-000777-WC.

295 S.W.3d 75 (2009)

RADCO ASBESTOS SPECIALISTS, INC., Appellant, v. Thomas B. LYONS; Honorable Marcel Smith, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 27, 2009.

Attorney(s) appearing for the Case

James Gordon Fogle, Denis S. Kline, Ferreri & Fogle, Louisville, KY, counsel for appellant, Radco Asbestos Specialists, Inc.

Wayne C. Daub, Louisville, KY, counsel for appellee, Thomas B. Lyons.

Peter J. Glauber, Boehl, Stopher & Graves, LLP, Louisville, KY, for Amicus Curiae, Patriot Coal Company, Appalachian Regional Health Care, Inc., KACO (Kentucky Association of Counties), Kentucky League of Cities, and Kentucky Self Insured Association (Collectively "Amici").

OPINION OF THE COURT

KRS 342.125(3) permits a worker seeking temporary total disability (TTD) benefits to reopen "during the period of an award." An Administrative Law Judge (ALJ) dismissed the claimant's motion to reopen to obtain TTD on the ground that the period for such a reopening expired when his award of income benefits expired. Affirming a decision by the Workers' Compensation Board, the Court of Appeals held that the ALJ erred because the claimant's award...

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