Radco Asbestos Specialists, Inc. v. Lyons

OPINION OF THE COURT

KRS 342.125(3) permits a worker seeking temporary total disability (TTD) benefits to reopen “during the period of an award.” An Administrative Law Judge (ALJ) dismissed the claimant’s motion to reopen to obtain TTD on the ground that the period for such a reopening expired when his award of income benefits expired. Mfirming a decision by the Workers’ Compensation Board, the Court of Appeals held that the ALJ erred because the claimant’s award included future medical benefits.

We affirm. As used in KRS 342.125(3), the period of “an award” includes the period of any medical…