Legal Opinion

Gaines v. Kentucky Occupational Safety & Health Review Commission

Court of Appeals of Kentucky

Decided April 16, 2010No. 2009-CA-001794-MRPublishedCited by 1 opinion

1Opinion of the Court

OPINION

MOORE, Judge.

David Gaines, d/b/a David Gaines Roofing and Supplies, appeals an opinion and order of the Franklin Circuit Court dismissing as untimely his declaratory action and appeal from the Kentucky Occupational Safety and Health Review Commission. After a careful review of the record, we agree that Gaines’ appeal was untimely. As such, we affirm. 2

FACTUAL AND PROCEDURAL HISTORY

On August 3, 2004, the Department of Labor issued two citations to Gaines, who properly filed a notice of contest on August 19, 2004, pursuant to Kentucky Revised Statute (KRS) 338.141(1). On September 3,…

2Cases cited11 opinions

  1. BOARD OF ADJUST. OF CITY OF RICHMOND v. FloodKentucky Supreme Court · 1978
  2. McCloud v. CommonwealthKentucky Supreme Court · 2009
  3. Kentucky Farm Bureau Mutual Insurance Co. v. GrayCourt of Appeals of Kentucky · 1991
  4. Hubbard v. HubbardCourt of Appeals of Kentucky (pre-1976) · 1946
  5. Phelps v. SalleeCourt of Appeals of Kentucky (pre-1976) · 1975

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3Cited by1 opinion

  1. Stephen Knipper v. Governor's OfficeCourt of Appeals of Kentucky · 2025

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