McCool v. Martin Nursery & Landscaping, Inc.

OPINION OF THE COURT

This workers’ compensation appeal concerns a May, 1996, injury, the claim for which was settled in July, 1997. In September, 1998, the claimant alleged a change of condition and moved to reopen, but the motion was denied based upon the December 12, 1996, version of KRS 842.125(8) which prohibits reopening an original award within two years of its entry. The Workers’ Compensation Board (Board) and the Court of Appeals have affirmed the denial. In appealing, the claimant maintains that applying the amended statute to a right of action which arose before its effective date…