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.
| Case | Followed | Cited |
|---|---|---|
Osie Daniel Goodgame Jr v. Consol of Kentucky, Inc.green2 sentences2023If 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- | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Coslow v. General Electric Co.
green
2 sentences2023Co., 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 | 5 | 2015–2023 |
Alcan Foil Products v. Huff
green
2 sentences2006In 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. | 1 | 2006–2006 |
Randall Co. v. Pendland
green
2 sentences2006In 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. | 1 | 2006–2006 |
Lanier v. Commonwealth, Fish & Wildlife Division
green
1 sentence1990In 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. | 1 | 1990–1990 |
Phil Hollenbach Co. v. Hollenbach
green
2 sentences1990That 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 | 1 | 1990–1990 |
Young v. Johnson County Board of Education
neutral
1 sentence1975Young 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. | 1 | 1975–1975 |
Himyar Coal Corp. v. Gordon
neutral
2 sentences1960In 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. | 1 | 1960–1960 |
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.
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.