Hamilton v. Desparado Fuels, Inc.

OPINION OF THE COURT

These cases concern whether the 1990 amendment to KRS 342.320, which removed the $6,500 cap on attorney’s fees for workers’ compensation cases, applies to those attorney’s fees awarded after its effective date for services relative to claims for injuries which occurred before its effective date. There is also a question of whether the employer or the Special Fund has standing to contest an award of attorney’s fees.

In each of these appeals the injury upon which the claim was based occurred before July 13, 1990, the effective date of the 1990 amendment. Each claim, except…