Martin v. Louisville Free Public Library

McDONALD, Judge:

This appeal challenges the propriety of an opinion of the Workers’ Compensation Board limiting the award of attorney's fees in this case to $3,250.00. We have rendered this date an opinion in Hamilton v. Desparado Fuels, Inc., Ky.App., — S.W.2d - (1993), in which we held that the date of injury is the critical date for purposes of establishing a statutory entitlement to attorney’s fees. However, we are convinced that this rule is not appropriate in cases which have been reopened.

A brief background of the history of the attorney fee statute may be helpful in understanding our…