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HITACHI AUTOMOTIVE PROD. US, INC. v. CRAIG

No. 2007-SC-000631-WC.

279 S.W.3d 123 (2008)

HITACHI AUTOMOTIVE PRODUCTS USA, INC., Appellant, v. Chester R. CRAIG, Jr.; Honorable James L. Kerr, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied April 23, 2009.

Attorney(s) appearing for the Case

Timothy J. Walker, Ferreri & Fogle, Lexington, KY, Counsel for Appellant, Hitachi Automotive Products USA, Inc.

Thomas G. Polites, Wilson, Polites & McQueen, Lexington, KY, Counsel for Appellee, Chester R. Craig, Jr.

OPINION OF THE COURT

An Administrative Law Judge (ALJ) dismissed the claimant's application for benefits having found that he received the letter required by KRS 342.040(1) but failed to file an application for benefits within two years after the employer terminated voluntary income benefits. The decision implicitly rejected the claimant's arguments that conduct by the employer's insurance carrier violated KRS 342.267 and 803 KAR 25:240, that the violations reasonably...

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