Hodges v. Sager Corp.

OPINION OF THE COURT

This workers’ compensation appeal concerns the type of prima facie showing that KRS 342.125(l)(d) requires in order to grant a motion to reopen and order further proof to be taken. The Court of Appeals determined that the claimant failed to make an adequate prima fade showing; that it was erroneous to grant her motion and subsequently increase her award; and that the error was unfairly prejudicial to the employer because KRS 342.125(8) barred a subsequent motion to reopen. On that basis, the court reversed a two-to-one decision of the Workers’ Compensation Board (Board),…