Kentucky Container Service, Inc. v. Ashbrook

OPINION OF THE COURT

An Administrative Law Judge (ALJ) found the claimant’s application for benefits to be timely because the electronic document that the employer’s insurance carrier filed to inform the Office of Workers’ Claims that it had terminated temporary total disability (TTD) benefits failed to comply strictly with KRS 342.040(1) and 803 EAR 25:170, § 2(2). As a consequence, the Office failed to advise the claimant that he must file an application within two years after the employer terminated TTD. A divided Workers’ Compensation Board affirmed and the Court of Appeals affirmed the…