Billy Baker Painting v. Barry

OPINION OF THE COURT

The defendant-employer failed to include a “payment adjustment end date,”' when notifying the Department of Workers’ Claims that it was terminating voluntary temporary total disability (TTD) benefits due to the claimant’s return to work. For that reason, the Department did not notify the claimant of his right to file an application for benefits and of the applicable period of limitations. An Administra1 five Law Judge (ALJ) determined subsequently that the employer failed to comply adequately with KRS 842.040(1); therefore, the period of limitations was tolled when the…