McCreary County Board of Education v. Begley

OPINION OF THE COURT

Reversing decisions by an Administrative Law Judge (ALJ) and the Workers’ Compensation Board (Board), the Court of Appeals has determined that where a timely, but defective, application is received by the Department of Workers’ Claims (DWC), a policy of substantial compliance must govern enforcement of the time for resubmitting an amended claim. 803 KAR 25:010E, § 3(2). We disagree.

The claimant was injured at work on September 10, 1997. Her employer paid temporary total disability (TTD) benefits until August 11, 1998, after which she returned to work. Consistent with its…