Peabody Coal Co. v. Gossett

SPAIN, Justice.

This workers’ compensation case involves the application of KRS 342.125, the reopening statute. Prior to 1987, the statute permitted reopening an award upon a showing of change of “condition.” The 1987 amendment permits reopening upon a showing of change of “occupational disability.” This opinion addresses the impact of this legislative amendment upon the standard for reopening a workers’ compensation award.

In this case, claimant alleges that his unsuccessful attempts at reemployment following his layoff from work were due to his original injury although his physical condition…