Manalapan Mining Co., Inc. v. Lunsford

OPINION OF THE COURT

At issue in this appeal is the application of KRS 342.185 to a hearing loss claim that was filed more than two years after the hazardous noise exposure ceased. An Administrative Law Judge (ALJ) determined that a rule of discovery applied and that the claim was timely because the worker filed it within two years after a physician informed him that his condition was work-related. The Workers’ Compensation *602Board (Board) construed KRS 342.185 as barring a claim filed more than two years after the date of last exposure and reversed. Convinced that KRS 342.185 does not operate…