TURNER v. BLUEGRASS TIRE CO., INC.

No. 2009-SC-000653-WC.

331 S.W.3d 605 (2010)

Harold TURNER, Appellant, v. BLUEGRASS TIRE CO., INC.; Honorable Grant Roark, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

August 26, 2010.


Attorney(s) appearing for the Case

David R. Marshall , Lexington, KY, Counsel for Appellant, Harold Turner.

Kamp Towsend Purdy , John D.T. Brady , Ferreri & Fogle, Lexington, KY, Counsel for Appellee, Bluegrass Tire Co., Inc.


OPINION OF THE COURT

An Administrative Law Judge (ALJ) dismissed the claimant's motion to reopen his workers' compensation claim on the ground that he failed to make a prima facie showing of fraud to justify reopening. The Workers' Compensation Board affirmed. The Court of Appeals also affirmed, finding no abuse of the ALJ's discretion because the evidence supporting the motion failed to make the required prima facie showing of fraud, mistake, or newly...

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