Burroughs v. Martco, et al.Annotate this Case
Claimant alleged a work-related cumulative trauma injury to his neck and was initially awarded workers' compensation benefits on March 28, 2002. Claimant moved to reopen the award after undergoing surgery and the administrative law judge ("ALJ") rendered another award to claimant on July 19, 2004. On March 3, 2009, claimant filed a motion to reopen. At issue was whether the ALJ properly denied as untimely the claimant's motion to reopen in order to correct a mistake of law in his workers' compensation award and denied as unauthorized his motion to reopen under CR 60.01 and CR 60.02 for the correction of a clerical error in the award. The court concluded that, although KRS 342.125(1)(c) permitted an award to be reopened based on a mistake in applying the law as it existed at the time of the award, KRS 342.125(3) limited the period for such a reopening to four years after the original award or order granting or denying benefits. The court also concluded that the Kentucky Rules of Civil Procedure applied to proceedings before an administrative agency only to the extent provided by regulation and neither Chapter 342 or 803 KAR 25:010 adopted Cr 60.01 or CR 60.02 with respect to workers' compensation proceedings. Accordingly, the court affirmed the judgment.