Officeware v. Jackson

OPINION OF THE COURT

As amended effective July 14, 2000, KRS 342.125(3) includes “seeking temporary total disability benefits during the period of an award” among the exceptions to the prohibition on reopening a claim “more than four (4) years following the original award or order granting or denying benefits.”

An Administrative Law Judge determined that KRS 342.125(3) did not bar the claimant’s motion to reopen to obtain temporary total disability (TTD) benefits during his recovery from surgery and that he was entitled to the benefits. The ALJ also determined that the employer had no…