Lizdo v. Gentec Equipment

OPINION OF THE COURT

REVERSING AND REMANDING

The Court of Appeals has reversed the Workers’ Compensation Board (Board) and reinstated an Administrative Law Judge’s (ALJ’s) decision to the effect that because the employer complied with KRS 342.040(1), the failure of the Commissioner of the Department of Workers’ Claims (Commissioner) to notify the claimant of his right to prosecute did not toll the period of limitations. We have concluded, however, that a finding that the employer complied with KRS 342.040(1) was unreasonable under the evidence. Therefore, we reverse.

The claimant alleged that on…