Colwell v. Dresser Instrument Division

OPINION OF THE COURT

KRS 342.125(l)(d) permits a final workers’ compensation award to be reopened and amended based upon evidence of a “change of disability as shown by objective medical evidence of worsening or improvement of impairment....”

The claimant sought to reopen her settled claim, alleging that her injury had become permanently and totally disabling. An Administrative Law Judge (ALJ) relied upon a physician who testified that the 12% impairment rating to which the parties agreed was appropriate, that it had not changed, and that the only change at reopening was in the claimant’s…