Akers v. Pike County Board of Education

OPINION OF THE COURT

The claimant filed an application for benefits more than four years after the termination of voluntary income benefits following his injury. An Administrative Law Judge (ALJ) noted the claimant’s credible testimony that he did not receive a letter informing him of his right to prosecute a claim or of the applicable statute of limitations but determined that the employer and Department of Workers’ Claims had complied with KRS 342.040(1); therefore, the claim must be dismissed. The claimant appealed, but the Workers’ Compensation Board (Board) and the Court of Appeals…