Legal Opinion

Bartee v. University Medical Center

Kentucky Supreme Court

Decided January 24, 2008No. 2007-SC-000094-WCPublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

KRS 342.125 permits a final workers’ compensation award to be reopened. KRS 342.125(4) gives an Administrative Law Judge (ALJ) broad authority to modify a reopened award but also provides that “[rjeopening shall not affect the previous order or award as to any sums already paid thereunder, and any change in the amount of compensation shall be ordered only from the date of filing the motion to reopen.”

During the pendency of the defendant-employer’s reopening to contest its liability for a surgery and after the claimant returned to work, she filed a motion to reopen to seek…

2Cases cited7 opinions

  1. Rex Coal Company v. CampbellCourt of Appeals of Kentucky (pre-1976) · 1926
  2. Beale v. Faultless HardwareKentucky Supreme Court · 1992
  3. Mitee Enterprises v. YatesKentucky Supreme Court · 1993
  4. Lincoln Coal Co. v. WattsCourt of Appeals of Kentucky (pre-1976) · 1938
  5. Newberg v. CashCourt of Appeals of Kentucky · 1993

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Lawson v. Toyota Motor Manufacturing, Kentucky, Inc.Kentucky Supreme Court · 2010
  2. Charles David McGeorge v. Wal-MartCourt of Appeals of Kentucky · 2021
  3. Nicholas Bass v. Zenith LogisticsCourt of Appeals of Kentucky · 2022

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