Woodland Hills Mining, Inc. v. McCoy

OPINION OF THE COURT

Having failed to convince an Administrative Law Judge (ALJ), the Workers’ Compensation Board (Board), or the Court of Appeals, an employer continues to maintain that the December 12,1996, version of KRS 342.125(1) is remedial and must be applied to the reopening of a claim that arose and was decided before the amendment’s effective date. Noting that the motion to reopen was filed after December 12,1996, the employer asserts that reopening was sought to redress an increase in disability that occurred after that date. In another argument, the employer maintains that there…