Bardstown Barrels v. Lopez

59 S.W.3d 480, 2001 Ky. App. LEXIS 1050, 2001 WL 1295525
CourtCourt of Appeals of Kentucky
DecidedOctober 26, 2001
DocketNo. 2001-CA-000438-WC
StatusPublished

This text of 59 S.W.3d 480 (Bardstown Barrels v. Lopez) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bardstown Barrels v. Lopez, 59 S.W.3d 480, 2001 Ky. App. LEXIS 1050, 2001 WL 1295525 (Ky. Ct. App. 2001).

Opinion

OPINION

BUCKINGHAM, Judge:

Bardstown Barrels petitions for review of an opinion by the Workers’ Compensation Board (Board) which reversed and remanded a decision by an administrative law judge (ALJ) holding that a motion to reopen by Dario Navarro Lopez was [481]*481barred by the provisions of KRS1 342.125(3). The sole issue for our review is whether the December 12, 1996, amendments to KRS 342.125 or the July 14, 2000, amendments to that statute were applicable to Lopez’s motion. We agree with the Board that the 2000 amendments were applicable. Thus, we affirm.

Lopez, an employee of Bardstown Barrels, suffered a work-related low back injury on March 20, 1997. On August 14, 1998, an ALJ awarded Lopez temporary total disability (TTD) and medical benefits but determined that Lopez was not entitled to an award for any permanent disability. Lopez moved to reopen his claim on May 30, 2000. On July 26, 2000, an ALJ overruled the motion to reopen. In an order denying Lopez’s petition for reconsideration, the ALJ held that the motion was contrary to KRS 342.125(3). On appeal, the Board reversed the ALJ and held that the motion was not barred by KRS 342.125(3) in fight of the 2000 amendments to that statute. The Board thus remanded the matter to the ALJ to address the merits of Lopez’s motion to reopen. This petition for review by Bards-town Barrels followed.

KRS 342.125(3) was amended effective December 12, 1996, to provide that claims may not be reopened more than four years following the date of an award or order granting or denying benefits, or within two years of such award or order. In other words, the statute provided a two-year window within which to file a motion to reopen. KRS 342.125(3), as amended effective December 12,1996, specifically provided as follows:

Except for reopening solely for determination of the compensability of medical expenses, fraud, or conforming the award as set forth in KRS 342.730(l)(c)2., or for reducing a permanent total disability award when an employee returns to work, no claim shall be reopened more than four (4) years following the date of the original award or order granting or denying benefits, or within two (2) years of such award or order, and no party may file a motion to reopen within two (2) years of any previous motion to reopen by the same party.

KRS 342.125(3) was again amended effective July 14, 2000. The amendment provided that a claim may not be reopened more than four years after the date of the original award or order granting or denying benefits. The amended statute made no mention of any two-year waiting period or other waiting period before which a motion to reopen could be filed. In other words, there was no window of opportunity for fifing a motion to reopen, but there was only a four-year statute of limitation in which to file such a motion. KRS 342.125(3), as amended effective July 14, 2000, specifically provided as follows:

Except for reopening solely for determination of the compensability of medical expenses, fraud, or conforming the award as set forth in KRS 342.730(l)(e)2., or for reducing a permanent total disability award when an employee returns to work, or seeking temporary total disability benefits during the period of an award, no claim shall be reopened more than four (4) years following the date of the original award or order granting or denying benefits, and no party may file a motion to reopen within one (1) year of any previous motion to reopen by the same party.

KRS 342.125(8) also has significance to this case. That statute was not amended again on July 14, 2000, and it read exactly the same following the 1996 amendments [482]*482and the 2000 amendments. The statute reads as follows:

The time limitation prescribed in this section shall apply to all claims irrespective of when they were incurred, or when the award was entered, or the settlement approved. However, claims decided prior to December 12,1996, may be reopened within four (4) years of the award or order or within four (4) years of December 12, 1996, whichever is later, provided that the exceptions to reopening established in subsections (1) and (3) of this section shall apply to these claims as well.

KRS 342.125(8).

As we noted in setting forth the facts of this case, Lopez’s motion to reopen was filed within two years of the ALJ’s award. Therefore, if the December 1996 amendments were applicable, then the ALJ properly denied the motion because it was not filed within the two-year window for filing such motions. However, if the July 2000 amendments are applicable, then the Board was correct in reversing the ALJ since there was no applicable waiting period before which a motion to reopen could be filed.

Recent cases from the Kentucky Supreme Court address somewhat similar situations. Meade v. Reedy Coal Co., Ky., 13 S.W.3d 619 (2000), is one of those. In Meade, the claimant was injured prior to the effectiveness of the December 1996 amendments. He also received an award from an ALJ prior to the amendments’ effective date. The claimant moved to reopen the award after the effective date of the December 1996 amendments. The claimant argued that his motion to reopen was proper under the pre-December 1996 statute because he received his award pri- or to that time. The employer asserted that the reopening was prohibited by the December 1996 amendments because less than two years had passed since the award was entered.

In its opinion siding with the claimant’s position, the court held that the four-year limitation found in KRS 342.125(8) governed the reopening of claims in which the award had been entered prior to the December 1996 amendments. Id. at 622. The court further held that the two-year waiting period and four-year limitation contained in KRS 342.125(3) governed the reopening of claims in which the award was entered after the effective date of the December 1996 amendments. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McCool v. Martin Nursery & Landscaping, Inc.
43 S.W.3d 256 (Kentucky Supreme Court, 2001)
Brooks v. University of Louisville Hospital
33 S.W.3d 526 (Kentucky Supreme Court, 2000)
Meade v. REEDY COAL COMPANY
13 S.W.3d 619 (Kentucky Supreme Court, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
59 S.W.3d 480, 2001 Ky. App. LEXIS 1050, 2001 WL 1295525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bardstown-barrels-v-lopez-kyctapp-2001.