Wells v. Baker

CLAYTON, Judge.

This is a Workers’ Compensation appeal in which we are asked to determine whether the Board, pursuant to a motion to reopen, can properly order the Special Fund to reimburse an injured worker’s employer for a portion of a lump sum settlement previously paid the employee by the employer in full at a time when the Special Fund was not a party to the negotiations and no initial application for adjustment of claim had been filed. Based upon the plain language of KRS 342.125(1) we conclude that it may not. Accordingly, we reverse and remand.

On May 28, 1980, David Baker, an employee…