Smith v. Cardinal Construction Co.

OPINION

This workers’ compensation appeal concerns whether the Administrative Law Judge (ALJ) erred in determining that claimant failed to give his employer timely notice that a work-related accident had resulted in a cervical injury as well as a lower back injury. KRS 342.185.

Claimant operated a bulldozer at a landfill. He alleged that he had injured his back on January 7, 1996, when he slipped on snow and ice, causing him to fall from the deck of the bulldozer onto the ground. He testified that on the following day he fell while attempting to open a gate and was found by a co-worker who was…