Whittaker v. Brock

OPINION OF THE COURT

Upon the death of a worker “who has filed, or could have timely filed a valid [workers’ compensation] claim in his lifetime,” KRS 342.730(3) requires that specified portions of the income benefits that have not yet been paid to the deceased worker shall be paid to certain classes of surviving dependents. Among those dependents are children who are under the age of 18 or incapable of self-support. KRS 342.730(3) contains no explicit period of limitations during which a motion for the continuation of benefits under an existing award must be filed. The motion that is the…