application for adjustment claim (Kentucky) · Go Syfert
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application for adjustment claim in Kentucky

9 Kentucky opinions name it 2 courts 1960–2023 1 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Osie Daniel Goodgame Jr v. Consol of Kentucky, Inc.green
ky · 2015 · cited in 1 Kentucky opinions naming this issue, 2023–2023
2 sentences

2023If payments of income benefits have been made, the filing of an application for adjustment of claim with the department within the period shall not be required, but shall become requisite within two (2) years following the suspension of payments or within two (2) years of the date of the accident, whichever is later.80 KRS 342.185 acts “as both a statute of limitations and a statute of repose.”81 When the alleged injury is cumulative, “the running of both periods begins on the date the injured employee is advised that he has suffered a work-related cumulative trauma injury.”82 But, for single-

2023If payments of income benefits have been made, the filing of an application for adjustment of claim with the department within the period shall not be required, but shall become requisite within two (2) years following the suspension of payments or within two (2) years of the date of the accident, whichever is later.80 KRS 342.185 acts “as both a statute of limitations and a statute of repose.”81 When the alleged injury is cumulative, “the running of both periods begins on the date the injured employee is advised that he has suffered a work-related cumulative trauma injury.”82 But, for single-

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Coslow v. General Electric Co. green
ky · 1994
2 sentences

2023Co., 877 S.W.2d 611 (Ky. 1994). 27 that “the running of both periods begins on the date of accident,”84 i.e., the date the work-related injury occurs.

2015Kentucky Revised Statutes ■ (KRS) 342.185(1).- provides in pertinent part that: [N]o proceeding under this chapter for compensation for an injury ... shall be maintained unless a notice of the accident shall" have' been given to the employer as soon as practicable after' the happéning thereof and unless an application for adjustment of claim for compensation with respect to the injury shall have been made ’with the department within two (2) years after the date of the accident.... ' ' As the Court noted "in Coslow v. General Electric Co., 877 S.W.2d 611 (Ky.1994), there are two ways to trigger

52015–2023
Alcan Foil Products v. Huff green
ky · 1999
2 sentences

2006In Alcan Foil Products v. Huff, supra, this court reaffirmed the principle of Randall v. Pendland, 770 S.W.2d 687 (Ky. App.1988), that a rule of discovery triggers the notice and limitations requirements in gradual injury claims.

2006In Alcan Foil Products v. Huff, supra , this court reaffirmed the principle of Randall v. Pendland, 770 S.W.2d 687 (Ky. App.1988), that a rule of discovery triggers the notice and limitations requirements in gradual injury claims.

12006–2006
Randall Co. v. Pendland green
kyctapp · 1989
2 sentences

2006In Alcan Foil Products v. Huff, supra, this court reaffirmed the principle of Randall v. Pendland, 770 S.W.2d 687 (Ky. App.1988), that a rule of discovery triggers the notice and limitations requirements in gradual injury claims.

2006In Alcan Foil Products v. Huff, supra , this court reaffirmed the principle of Randall v. Pendland, 770 S.W.2d 687 (Ky. App.1988), that a rule of discovery triggers the notice and limitations requirements in gradual injury claims.

12006–2006
Lanier v. Commonwealth, Fish & Wildlife Division green
kyctapp · 1979
1 sentence

1990In so doing, it relied upon Lanier v. Commonwealth of Kentucky, Fish and Wildlife Division, Ky. App., 605 S.W.2d 18 (1979), and concluded that the statute in effect at the time of filing was controlling and that “the payment of medical benefits, made after the time for filing has run, does not revive a claim which is otherwise barred by the statute of limitations.” A petition for review was timely filed with the Hopkins Circuit Court.

11990–1990
Phil Hollenbach Co. v. Hollenbach green
kyctapp · 1918
2 sentences

1990That section is as follows: An application for adjustment of claim shall be held in abeyance by the administrative law judge [board] during any period voluntary payments of compensation are being made under any benefit sections of this chapter to the maximum which the employee’s wages shall entitle him_ [Emphasis added.] In ascertaining the legislative intent as is required by KRS 446.080(1), we are guided by the historical case of Phil Hollenbach Co. v. Hollenbach, 181 Ky. 262, 273 , 204 S.W. 152 (1918), in an opinion by Judge Sampson: The purpose intended to be accomplished by this recent le

1990That section is as follows: An application for adjustment of claim shall be held in abeyance by the administrative law judge [board] during any period voluntary payments of compensation are being made under any benefit sections of this chapter to the maximum which the employee’s wages shall entitle him_ [Emphasis added.] In ascertaining the legislative intent as is required by KRS 446.080(1), we are guided by the historical case of Phil Hollenbach Co. v. Hollenbach, 181 Ky. 262, 273 , 204 S.W. 152 (1918), in an opinion by Judge Sampson: The purpose intended to be accomplished by this recent le

11990–1990
Young v. Johnson County Board of Education neutral
kyctapp · 1972
1 sentence

1975Young v. Johnson County Board of Education, supra, and other cases cited in support of Jordan’s theory all relate to proceedings in which the employee had filed an application for adjustment of claim.

11975–1975
Himyar Coal Corp. v. Gordon neutral
kyctapphigh · 1935
2 sentences

1960In Himyar Coal Corp. v. Gordon, 260 Ky. 709 , 86 S.W.2d 702 , an employee filed an application for adjustment of claim with the Board on July 24, 1933, for loss of an eye resulting from an accident on October 5, 1931.

1960In Himyar Coal Corp. v. Gordon, 260 Ky. 709 , 86 S.W.2d 702 , an employee filed an application for adjustment of claim with the Board on July 24, 1933, for loss of an eye resulting from an accident on October 5, 1931.

11960–1960

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 342.185 (8) KY § Ky. Rev. Stat. § 342.0011 (7) KY § Ky. Rev. Stat. § 342.316 (5) KY § Ky. Rev. Stat. § 446.080 (5) KY § Ky. Rev. Stat. § 342.670 (4) KY § Ky. Rev. Stat. § 342.270 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 30 (1919–2015) KY 9 (1960–2023) CA 5 (1927–2019) AK 2 (1989–1998) IN 2 (2006–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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