New Directions Housing Authority v. Walker

OPINION OF THE COURT

An Administrative Law Judge (ALJ) granted the employer’s motion to dismiss the claimant’s application for benefits on the ground that she failed to introduce any proof within the 60-day period set forth in the scheduling order. Cornett v. Corbin Materials, Ky., 807 S.W.2d 56 (1991). The Workers’ Compensation Board (Board) affirmed. The Court of Appeals vacated, however, on the ground that it was unclear whether the ALJ exercised discretion or thought that Cornett required strict compliance with the deadlines for submitting proof, regardless of the circumstances. The Court…