Hammons v. Tremco, Inc.

OPINION AND ORDER

STEPHENS, Chief Justice.

The threshold issue raised by the employer in this workers’ compensation case is whether the appeal in Hammons v. Tremco (1994) (94-SC-44-WC) should be dismissed pursuant to CR 25.01(1) because claimant died on January 12, 1992, while the case was on appeal to the Workers’ Compensation Board (Board), and her personal representative has not moved to revive the action or to be substituted as a party to the action. KRS 411.140, KRS 395.278, CR 76.24.

At common law, all pending personal actions permanently abated upon the death of a sole plaintiff or…