Kroger Co. v. Jones

OPINION OF THE COURT

KRS 342.185 provides that no proceeding under Chapter 342 may be maintained unless an application for adjustment of claim is filed within two years of the accident, and KRS 342.270 requires the join-der of all known claims against the employer. The Workers’ Compensation Board (Board) determined that because an application for the claimant’s right shoulder injury was pending and there was no prejudice to the employer, the Administrative Law Judge (ALJ) was authorized to amend the claim, sua sponte, to include the left shoulder injury. See CR 15.02. Although concluding that…