Davis v. Island Creek Coal Co.

COOPER, Justice.

This is an appeal from an order of the Court of Appeals which dismissed Appellant’s petition for review of an order of the workers’ compensation board on grounds of lack of subject matter jurisdiction. The issue is whether the board’s reversal of a retraining incentive benefits (RIB) award and remand for reconsideration was a final and appealable order.

KRS 342.316(2)(d)3 provides:

Within sixty (60) days of the receipt of the claim [for RIB benefits], the employer shall notify the commissioner and the claimant whether or not the claim will be resisted. If the claim is not…