Whittaker v. Hall

The error that the majority opinion has made in this case is akin to a “category mistake.” See Gilbert Ryle, The Concept of Mind 16 (1949). The opinion correctly concludes that the ALJ order from which this appeal is taken is not an order resolving a motion to reopen under KRS 342.125 as that provision only pertains to motions to “end, diminish, or increase compensation previously awarded.” KRS 342.125(4). The “motion for clarification/ motion to reopen” filed in this case did not request, nor did the ALJ purport to grant, such relief. The motion only requested clarification of the…