Napier v. Scotia Coal Co.

OPINION OF THE COURT

These appeals concern whether the Administrative Law Judge (ALJ) erred in refusing to apply the 1990 amendment to KRS 342.-320(6)(b), which was effective July 13, 1990, and which removed the $3,250 cap on attorney’s fees in reopening proceedings. They also concern the applicability of the 1988 amendment to KRS 342.320(6)(b) which was effective January 4, 1988, and which authorized an attorney’s fee for a reopening in an amount not to exceed either $3,250 or 20% of any additional recovery.

In 1991 both of the claimants herein were awarded permanent, total disability benefits…