Whittaker v. Smith

COOPER, J., files a separate opinion in which he concurs in result only.

I concur in the result reached by the majority in this case. However, I would not attempt to distinguish Hammons v. Tremco, Inc., Ky., 887 S.W.2d 336 (1994), but would overrule it.

Hammons purported to apply the statute of limitations contained in KRS 395.278 to a motion for continuation of benefits filed under KRS 342.730(3). However, KRS 395.278 pertains only to the revival of actions in the name of a personal representative. KRS 342.730(3) does not confer any rights on the personal representative of a deceased workers’…