Brooks v. University of Louisville Hospital

OPINION OF THE COURT

This workers’ compensation appeal concerns whether the 1996 amendment to KRS 342.125 applies to an injury which arose before December 12, 1996, and whether the amendment to KRS 342.125(3) is unconstitutional as applied to the claimant’s motion to reopen.

The claimant sustained a gradual injury to her left wrist and arm which became manifest on February 4,1995, and she also developed a psychiatric condition. In November, 1996, she filed a workers’ compensation claim in which she alleged that she was totally disabled. On August 26, 1997, she was awarded a 30% occupational…