Zurich American Insurance Co. v. Journey Operating, LLC

OPINION OF THE COURT

This appeal concerns whether KRS 342.125(1) permits an Administrative Law Judge (ALJ) to reopen a final award in order to prevent an insurer from benefiting from its constructive fraud on the tribunal. If so, the question becomes whether substantial evidence supports the finding of constructive fraud and decision to estop the insurer from denying liability at reopening. The Court of Appeals reversed a decision of the Workers’ Compensation Board, reinstating the ALJ’s decision by holding that an ALJ has such authority; that the evidence supports the finding of constructive…