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KENTUCKY CONTAINER SERVICE, INC. v. ASHBROOK

No. 2007-SC-000533-WC.

265 S.W.3d 793 (2008)

KENTUCKY CONTAINER SERVICE, INC., Appellant, v. Kenneth ASHBROOK, Hon. Richard M. Joiner, Administrative Law Judge, and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied October 23, 2008.

Attorney(s) appearing for the Case

Derek Patrick O'Bryan, Sheffer Law Firm LLC, Louisville, KY, Counsel for Appellant, Kentucky Container Service, Inc.

James Delano Howes, Howes & Paige, PLLC, Louisville, KY, Counsel for Appellee, Kenneth Ashbrook.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) found the claimant's application for benefits to be timely because the electronic document that the employer's insurance carrier filed to inform the Office of Workers' Claims that it had terminated temporary total disability (TTD) benefits failed to comply strictly with KRS 342.040(1) and 803 KAR 25:170, § 2(2). As a consequence, the Office failed to advise the claimant that he must file an application...

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