TRICO COUNTY DEVELOPMENT & PIPELINE v. SMITH

No. 2007-SC-000556-WC.

289 S.W.3d 538 (2008)

TRICO COUNTY DEVELOPMENT & PIPELINE, Appellant, v. Scotty SMITH; Honorable Grant S. Roark, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied August 27, 2009.


Attorney(s) appearing for the Case

W. Barry Lewis, Lewis and Lewis Law Offices, Hazard, KY, Counsel for Appellant.

Leonard Joseph Stayton, Inez, KY, Counsel for Appellee.


OPINION OF THE COURT

An Administrative Law Judge (ALJ) dismissed the claimant's application for benefits based on findings that he failed to give timely notice of an accident that occurred on June 12, 2003, or an accident that occurred several weeks earlier. A majority of the Workers' Compensation Board affirmed. A majority of the Court of Appeals reversed, however, holding that the claimant complied with KRS 342.185 by giving notice to the employer's insurance...

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