Dingo Coal Co., Inc. v. Tolliver

OPINION OF THE COURT

The claimant injured his back in 1979 and received benefits for a 15% occupational disability. He moved to reopen the award in 2000 and was later awarded a total disability. Appealing decisions that affirmed the award, the employer asserts that the Administrative Law Judge (ALJ) erred by failing to determine that the December 12, 1996, amendment to KRS 342.125(l)(d) is remedial and by increasing the claimant’s award absent objective medical evidence of a worsening of functional impairment. Although we agree that the disputed amendment is remedial, it does not govern the…