Bentley v. Aero Energy, Inc.

JOHNSTONE, Judge.

The question presented by tMs petition for review is whether the failure of the administrative law judge (ALJ) to render a decision within the 90-day time frame prescribed in 803 KAR 25:011 § 10(6)(a) renders that decision a nullity, entitling the claimant to a new hearing and decision within the required time limit. The Workers’ Compensation Board perceived no due process deprivation in the failure to adhere to the time requirements of the regulation and concluded that a new hearing was not warranted. We agree and affirm.

Claimant Ernest Bentley sought benefits for injuries…