Nygaard v. Goodin Bros., Inc.

OPINION OF THE COURT

This appeal by a workers’ compensation claimant asserts that the December 12, 1996, version of KRS 342.125(8) is unconstitutional under Saylor v. Hall, Ky., 497 S.W.2d 218 (1973), because by limiting the time for reopening an award that was entered before its effective date, it can serve to extinguish a worker’s right to reopen before it becomes vested.

The claimant was injured in 1990. He settled the claim in 1994 for a 72% occupational disability, and the agreement was approved by an ALJ. On August 13, 2001, he moved to reopen, alleging that a worsening of his physical…