H.E. Neumann Co. v. Lee

OPINION OF THE COURT

This matter is before the Court as an appeal by the employer from an opinion of the Court of Appeals affirming the decision of the Workers’ Compensation Board (Board). The Board reversed the Administrative Law Judge’s (ALJ’s) ruling that the claim was barred by the statute of limitations provision found in KRS 342.185.

The sole issue herein is whether the statute of limitations period was tolled due to the fact that the employer failed to comply with the notice requirements of KRS 342.038 or KRS 342.040.

The relevant facts in this case are as follows: Claimant alleged that…