Wells v. Ford

LEIBSON, Justice.

The claimant, William L. Ford, filed an application for workers’ compensation benefits alleging disability as the result of coal workers pneumoconiosis.

*482When the case was submitted to the Workers’ Compensation Board for decision, the employer argued that the claim was barred because the employee failed to give due and timely notice as required by KRS 342.316(2)(a). The first Opinion from the Board, dated April 4, 1983, included the following “Findings of Fact”:

“3. The defendants received due and timely notice of plaintiffs claim.”

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6. Defendant employer agrues…