B.L. Radden & Sons, Inc. v. Copley

McDonald, Judge.

The appellant/employer, B.L. Radden & Sons, Inc., has raised both a substantive and a procedural issue for our review of the Workers’ Compensation Board’s (board’s) opinion which reversed the dismissal by the administrative law judge (ALJ) of the appel-lee’s claim. The sole basis for the dismissal was attributable to the claimant’s failure to *85submit to a medical examination. We have no hesitation to hold that the board correctly concluded that the penalty for failing to appeal’ for a scheduled medical exam is not dismissal of one’s claim. KRS 342.205(3) specifically provides…