Wells v. Cotton

PAXTON, Judge.

The Special Fund appeals from a judgment of the Clay Circuit Court reversing a Workers’ Compensation Board’s Order dismissing the Special Fund from the employer’s reopening claim.

On August 8, 1977, the Board entered an Opinion and Award wherein it found Domie Cotton to be 100% occupationally disabled. The Fund was not a party to the proceedings, so the entire liability was assessed against the employer, Southern States Cooperative, Inc. Southern States did not appeal the Board Order.

On January 5,1979, Southern States filed a motion to reopen pursuant to KRS 342.125 based on the…