Ky. Rev. Stat. » Chapter 342
Kentucky Revised Statutes

Ky. Rev. Stat. § 342.125 (2026)

Reopening and review of award or order -- Grounds -- Procedures -- Time

✓ current as of May 2026
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limitations -- Credit for previously-awarded retraining incentive benefits or income benefits awarded for coal-related pneumoconiosis. (1) Upon motion by any party or upon an administrative law judge's own motion, an administrative law judge may reopen and review any award or order on any of the following grounds: (a) Fraud; (b) Newly-discovered evidence which could not have been discovered with the exercise of due diligence; (c) Mistake; and (d) Change of disability as shown by objective medical evidence of worsening or improvement of impairment due to a condition caused by the injury since the date of the award or order. (2) No claim which has been previously dismissed or denied on the merits shall be reopened except upon the grounds set forth in this section. (3) Except for reopening solely for determination of the compensability of medical expenses, fraud, or conforming the award as set forth in KRS 342.730(1)(c)2., or for reducing a permanent total disability award when an employee returns to work, or seeking temporary total disability benefits during the period of an award, no claim shall be reopened more than four (4) years following the date of the original award or original order granting or denying benefits, when such an award or order becomes final and nonappealable, and no party may file a motion to reopen within one (1) year of any previous motion to reopen by the same party. Orders granting or denying benefits that are entered subsequent to an original final award or order granting or denying benefits shall not be considered to be an original order granting or denying benefits under this subsection and shall not extend the time to reopen a claim beyond four (4) years following the date of the final, nonappealable original award or original order. (4) Reopening and review under this section shall be had upon notice to the parties and in the same manner as provided for an initial proceeding under this chapter. Upon reopening, the administrative law judge may end, diminish, or increase compensation previously awarded, within the maximum and minimum provided in this chapter, or change or revoke a previous order. The administrative law judge shall immediately send all parties a copy of the subsequent order or award. Reopening shall not affect the previous order or award as to any sums already paid thereunder, and any change in the amount of compensation shall be ordered only from the date of filing the motion to reopen. No employer shall suspend benefits during pendency of any reopening procedures except upon order of the administrative law judge. (5) (a) Upon the application of the affected employee, and a showing of progression of his previously-diagnosed occupational pneumoconiosis resulting from exposure to coal dust and development of respiratory impairment due to that pneumoconiosis and two (2) additional years of employment in the Commonwealth wherein the employee was continuously exposed to the hazards of the disease, the administrative law judge may review an award or order for benefits attributable to coal-related pneumoconiosis under KRS 342.732. An application for review under this subsection shall be made within one (1) year of the date the employee knew or reasonably should have known that a progression of his disease and development or progression of respiratory impairment have occurred. Review under this subsection shall include a review of all evidence admitted in all prior proceedings. (b) Benefits awarded as a result of a review under this subsection shall be reduced by the amount of retraining incentive benefits or income benefits previously awarded under KRS 342.732. The amount to be deducted shall be subtracted from the total amount awarded, and the remaining amount shall be divided by the number of weeks, for which the award was made, to arrive at the weekly benefit amount which shall be apportioned in accordance with the provisions of KRS 342.316. (6) In a reopening or review proceeding where there has been additional permanent partial disability awarded, the increase shall not extend the original period, unless the combined prior disability and increased disability exceeds fifty percent (50%), but less than one hundred percent (100%), in which event the awarded period shall not exceed five hundred twenty (520) weeks, from commencement date of the original disability previously awarded. The law in effect on the date of the original injury controls the rights of the parties. (7) Where an agreement has become an award by approval of the administrative law judge, and a reopening and review of that award is initiated, no statement contained in the agreement, whether as to jurisdiction, liability of the employer, nature and extent of disability, or as to any other matter, shall be considered by the administrative law judge as an admission against the interests of any party. The parties may raise any issue upon reopening and review of this type of award which could have been considered upon an original application for benefits. (8) The time limitation prescribed in this section shall apply to all claims irrespective of when they were incurred, or when the award was entered, or the settlement approved. However, claims decided prior to December 12, 1996, may be reopened within four (4) years of the award or order or within four (4) years of December 12, 1996, whichever is later, provided that the exceptions to reopening established in subsections (1) and (3) of this section shall apply to these claims as well. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 40, sec. 4, effective July 14, 2018. -- Amended 2000 Ky. Acts ch. 514, sec. 7, effective July 14, 2000. -- Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 6, effective December 12, 1996. -- Amended 1994 Ky. Acts ch. 181, Part 6, sec. 27, effective April 4, 1994. -- Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 16, effective October 26, 1987. -- Amended 1980 Ky. Acts ch. 104, sec. 4, effective July 15, 1980. -- Amended 1972 Ky. Acts ch. 78, sec. 24. -- Amended 1960 Ky. Acts ch. 147, sec. 12. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4902. Legislative Research Commission Note (7/14/2018). This statute was amended in Section 4 of 2018 Ky. Acts ch. 40. Subsection (2) of Section 20 of that Act reads, "Sections 2, 4, and 5 and subsection (7) of Section 13 of this Act are remedial and shall apply to all claims irrespective of the date of injury or last exposure, provided that, as applied to any fully and finally adjudicated claim, the amount of indemnity ordered or awarded shall not be reduced and the duration of medical benefits shall not be limited in any way."

Notes of Decisions
Cited in 272 cases (25 in the last 5 years), 1943–2026 · leading case: Hall v. Hosp. Resources, Inc., 276 S.W.3d 775 (Ky. 2008).
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Hall v. Hosp. Resources, Inc., 276 S.W.3d 775 (Ky. 2008). · cites it 98× “Thus, it is within the time allowed by KRS 342.125. The settlement was approved on July 22, 1997.”
Johnson v. Gans Furniture Indus., Inc., 114 S.W.3d 850 (Ky. 2003). · cites it 26× “She also maintains that the 1996 amendments to KRS 342.125 violate Section 59(24) because they treat workers and employers differently with respect to the right to reopen a final award and because they treat various groups of injured workers differently.”
Meade v. Reedy Coal Co., 13 S.W.3d 619 (Ky. 2000). · cites it 34× “OPINION This workers’ compensation appeal concerns whether the December 12, 1996, amendments to KRS 342.125, which prohibited the reopening of an award within two years after its entry, apply to those awards which were entered before the effective date of the amendments.”
Garrett Mining Co. v. Nye, 122 S.W.3d 513 (Ky. 2003). · cites it 26× “Because the neurogenic bladder condition did not manifest itself until several years after the rendition of the original award, any increased disability attributable to that condition is a "change of disability" triggering the application of KRS 342.125. Fischer Packing Co. v.…”
Officeware v. Jackson, 247 S.W.3d 887 (Ky. 2008). · cites it 40× “When the claimant’s injury occurred, the December 12, 1996 version of KRS 342.125 governed reopening. It provided, in pertinent part, as follows: *889 (3) Except for reopening solely for determination of the compensability of medical expenses, fraud, or conforming the award as…”
Lklp Cac Inc. v. Brandon Fleming, 520 S.W.3d 382 (Ky. 2017). · cites it 7× “” While KRS 342.125 permits an ALJ’s award to be reopened with regard to a change in disability, it does not permit that award to be reopened for all purposes.”
Bowerman v. Black Equip. Co., 297 S.W.3d 858 (Ky. Ct. App. 2009). · cites it 6× “The Court affirmed the circuit court's reversal of the fact-finder's denial of the claimant's motion based on its conclusion that a "mistake" within the meaning of KRS 342.125 existed and it was an abuse of discretion not to amend the award to conform to the admitted facts under…”
Toyota Motor Mfg., Kentucky, Inc. v. Kathy Prichard, 532 S.W.3d 633 (Ky. 2017). · cites it 15× “In Hall, we explained that, based upon the use of the language in other provisions of KRS 342.125, the legislature recognized ■ an “original award” as something separate and distinct from a subsequent “order granting or denying benefits” and intended to allow a four-year period…”
Colwell v. Dresser Instrument Div., 217 S.W.3d 213 (Ky. 2006). · cites it 15× “When the claim was ready for a decision, the contested issues included the requirements for reopening under KRS 342.125 and extent and duration of disability.”
Peabody Coal Co. v. Gossett, 819 S.W.2d 33 (Ky. 1991). · cites it 10× “This workers’ compensation case involves the application of KRS 342.125, the reopening statute. Prior to 1987, the statute permitted reopening an award upon a showing of change of “condition.”
Kentucky Ins. Guar. Ass'n v. Jeffers Ex Rel. Jeffers, 13 S.W.3d 606 (Ky. 2000). · cites it 10× “The Court of Appeals noted that it was presented a single issue of first impression: "Did the 1987 amendment to KRS 342.125 eliminate the reopening requirement that the injured worker establish a worsening of physical condition as a prerequisite to showing an increase in…”
Brooks v. Univ. of Louisville Hosp., 33 S.W.3d 526 (Ky. 2000). · cites it 22× “OPINION OF THE COURT This workers’ compensation appeal concerns whether the 1996 amendment to KRS 342.125 applies to an injury which arose before December 12, 1996, and whether the amendment to KRS 342.”
Show all 272 citing cases →
— Ky. Rev. Stat. § 342.125(1) — 65 cases
Hall v. Hosp. Resources, Inc., 276 S.W.3d 775 (Ky. 2008). “Thus, it is within the time allowed by KRS 342.125. The settlement was approved on July 22, 1997.”
Johnson v. Gans Furniture Indus., Inc., 114 S.W.3d 850 (Ky. 2003). “She also maintains that the 1996 amendments to KRS 342.125 violate Section 59(24) because they treat workers and employers differently with respect to the right to reopen a final award and because they treat various groups of injured workers differently.”
Garrett Mining Co. v. Nye, 122 S.W.3d 513 (Ky. 2003). “Because the neurogenic bladder condition did not manifest itself until several years after the rendition of the original award, any increased disability attributable to that condition is a "change of disability" triggering the application of KRS 342.125. Fischer Packing Co. v.…”
Meade v. Reedy Coal Co., 13 S.W.3d 619 (Ky. 2000). “OPINION This workers’ compensation appeal concerns whether the December 12, 1996, amendments to KRS 342.125, which prohibited the reopening of an award within two years after its entry, apply to those awards which were entered before the effective date of the amendments.”
Lklp Cac Inc. v. Brandon Fleming, 520 S.W.3d 382 (Ky. 2017). “” While KRS 342.125 permits an ALJ’s award to be reopened with regard to a change in disability, it does not permit that award to be reopened for all purposes.”
— Ky. Rev. Stat. § 342.125(1)(a) — 3 cases
Dreisbach Wholesale Florists, Inc. v. Donald Leitner (Ky. Ct. App. 2022).
Larry D. Ashlock Real Party in Interest as Attorney for Cynthia Sipes v. Commonwealth of Kentucky, Dep't of Juv. Just. (Ky. 2015).
Larry D. Ashlock Real Party in Interest as Attorney for Cynthia Sipes v. Commonwealth of Kentucky, Dep't of Juv. Just. (Ky. 2015).
— Ky. Rev. Stat. § 342.125(1)(b) — 3 cases
Kuhlman Elec. Corp v. Rex Cunigan (Ky. 2014).
Kuhlman Elec. Corp v. Rex Cunigan (Ky. 2015).
Graybar Elec. v. Jeremy Starr (Ky. 2026).
— Ky. Rev. Stat. § 342.125(1)(c) — 6 cases
Burroughs v. Martco, 339 S.W.3d 461 (Ky. 2011).
Whittaker v. Hall, 132 S.W.3d 816 (Ky. 2004).
Dreisbach Wholesale Florists, Inc. v. Donald Leitner (Ky. Ct. App. 2022).
Sherri Doom v. McCracken Cnty. Bd. of Educ. (Ky. Ct. App. 2023).
Kuhlman Elec. Corp v. Rex Cunigan (Ky. 2014).
— Ky. Rev. Stat. § 342.125(1)(d) — 17 cases
Garrett Mining Co. v. Nye, 122 S.W.3d 513 (Ky. 2003). “Because the neurogenic bladder condition did not manifest itself until several years after the rendition of the original award, any increased disability attributable to that condition is a "change of disability" triggering the application of KRS 342.125. Fischer Packing Co. v.…”
Lakshmi Narayan Hosp. Grp. Louisville v. Maria Jimenez (Ky. 2022).
Maria Jimenez v. Lakshmi Narayan Hosp. Grp. Louisville (Ky. Ct. App. 2021).
Toyota Motor Mfg., Kentucky, Inc. v. Kathy Prichard (Ky. 2017).
Nesco Resource,llc v. Travis Adams (Ky. Ct. App. 2025).
— Ky. Rev. Stat. § 342.125(2) — 9 cases
Garrett Mining Co. v. Nye, 122 S.W.3d 513 (Ky. 2003). “Because the neurogenic bladder condition did not manifest itself until several years after the rendition of the original award, any increased disability attributable to that condition is a "change of disability" triggering the application of KRS 342.125. Fischer Packing Co. v.…”
Dingo Coal Co., Inc. v. Tolliver, 129 S.W.3d 367 (Ky. 2004).
Am. Stand., Inc. v. Stephen, 565 S.W.2d 158 (Ky. Ct. App. 1978).
Wright v. Hopwood Mining, 832 S.W.2d 884 (Ky. 1992).
Blackburn v. Lost Creek Mining, 31 S.W.3d 921 (Ky. 2000).
— Ky. Rev. Stat. § 342.125(2)(a) — 9 cases
Campbell v. Universal Mines, 963 S.W.2d 623 (Ky. 1998).
AAA Mine Servs. v. Wooten, 959 S.W.2d 440 (Ky. 1998).
Slone v. R & S Mining, Inc., 74 S.W.3d 259 (Ky. 2002).
Whittaker v. Hurst, 39 S.W.3d 819 (Ky. 2001).
Whittaker v. Pollard, 25 S.W.3d 466 (Ky. 2000).
— Ky. Rev. Stat. § 342.125(2)(b) — 5 cases
Whittaker v. Morgan, 52 S.W.3d 567 (Ky. 2001).
Glenn Hampton v. Flav-O-Rich Dairies, 489 S.W.3d 230 (Ky. 2016).
McCoy Elkhorn Coal Corp. v. Sullivan, 862 S.W.2d 891 (Ky. 1993).
Helton v. Canada Mountain Coal Augering, Inc., 892 S.W.2d 588 (Ky. 1995).
Terry Hall v. Bpm Lumber, LLC (Ky. 2024).
— Ky. Rev. Stat. § 342.125(3) — 41 cases
Hall v. Hosp. Resources, Inc., 276 S.W.3d 775 (Ky. 2008). “Thus, it is within the time allowed by KRS 342.125. The settlement was approved on July 22, 1997.”
Johnson v. Gans Furniture Indus., Inc., 114 S.W.3d 850 (Ky. 2003). “She also maintains that the 1996 amendments to KRS 342.125 violate Section 59(24) because they treat workers and employers differently with respect to the right to reopen a final award and because they treat various groups of injured workers differently.”
Toyota Motor Mfg., Kentucky, Inc. v. Kathy Prichard, 532 S.W.3d 633 (Ky. 2017). “In Hall, we explained that, based upon the use of the language in other provisions of KRS 342.125, the legislature recognized ■ an “original award” as something separate and distinct from a subsequent “order granting or denying benefits” and intended to allow a four-year period…”
Officeware v. Jackson, 247 S.W.3d 887 (Ky. 2008). “When the claimant’s injury occurred, the December 12, 1996 version of KRS 342.125 governed reopening. It provided, in pertinent part, as follows: *889 (3) Except for reopening solely for determination of the compensability of medical expenses, fraud, or conforming the award as…”
Meade v. Reedy Coal Co., 13 S.W.3d 619 (Ky. 2000). “OPINION This workers’ compensation appeal concerns whether the December 12, 1996, amendments to KRS 342.125, which prohibited the reopening of an award within two years after its entry, apply to those awards which were entered before the effective date of the amendments.”
— Ky. Rev. Stat. § 342.125(4) — 17 cases
Hall v. Hosp. Resources, Inc., 276 S.W.3d 775 (Ky. 2008). “Thus, it is within the time allowed by KRS 342.125. The settlement was approved on July 22, 1997.”
Garrett Mining Co. v. Nye, 122 S.W.3d 513 (Ky. 2003). “Because the neurogenic bladder condition did not manifest itself until several years after the rendition of the original award, any increased disability attributable to that condition is a "change of disability" triggering the application of KRS 342.125. Fischer Packing Co. v.…”
Whittaker v. Reeder, 30 S.W.3d 138 (Ky. 2000).
Bartee v. Univ. Med. Ctr., 244 S.W.3d 91 (Ky. 2008).
AAA Mine Servs. v. Wooten, 959 S.W.2d 440 (Ky. 1998).
— Ky. Rev. Stat. § 342.125(5) — 3 cases
Slone v. R & S Mining, Inc., 74 S.W.3d 259 (Ky. 2002).
Dingo Coal Co., Inc. v. Tolliver, 129 S.W.3d 367 (Ky. 2004).
Kindred Healthcare v. Carlye Harper (Ky. 2022).
— Ky. Rev. Stat. § 342.125(5)(a) — 7 cases
Bolin v. T & T Mining, 231 S.W.3d 130 (Ky. 2007).
Slone v. R & S Mining, Inc., 74 S.W.3d 259 (Ky. 2002).
Scott v. Aep Kentucky Coals, LLC, 196 S.W.3d 24 (Ky. Ct. App. 2006).
Blackburn v. Lost Creek Mining, 31 S.W.3d 921 (Ky. 2000).
Randy Deal v. Gunther Nash Mining Constr. Co. (Ky. 2014).
— Ky. Rev. Stat. § 342.125(5)(b) — 1 case
Whittaker v. Morgan, 52 S.W.3d 567 (Ky. 2001).
— Ky. Rev. Stat. § 342.125(6) — 5 cases
Hall v. Hosp. Resources, Inc., 276 S.W.3d 775 (Ky. 2008). “Thus, it is within the time allowed by KRS 342.125. The settlement was approved on July 22, 1997.”
Officeware v. Jackson, 247 S.W.3d 887 (Ky. 2008). “When the claimant’s injury occurred, the December 12, 1996 version of KRS 342.125 governed reopening. It provided, in pertinent part, as follows: *889 (3) Except for reopening solely for determination of the compensability of medical expenses, fraud, or conforming the award as…”
Dingo Coal Co., Inc. v. Tolliver, 129 S.W.3d 367 (Ky. 2004).
Hodges v. Sager Corp., 182 S.W.3d 497 (Ky. 2006).
Officeware v. Stephen Jay Jackson (Ky. 2008).
— Ky. Rev. Stat. § 342.125(7) — 13 cases
Garrett Mining Co. v. Nye, 122 S.W.3d 513 (Ky. 2003). “Because the neurogenic bladder condition did not manifest itself until several years after the rendition of the original award, any increased disability attributable to that condition is a "change of disability" triggering the application of KRS 342.125. Fischer Packing Co. v.…”
Colwell v. Dresser Instrument Div., 217 S.W.3d 213 (Ky. 2006). “When the claim was ready for a decision, the contested issues included the requirements for reopening under KRS 342.125 and extent and duration of disability.”
Whittaker v. Reeder, 30 S.W.3d 138 (Ky. 2000).
Whittaker v. Hurst, 39 S.W.3d 819 (Ky. 2001).
Tennco Energy, Inc. v. Richard Lane (Ky. Ct. App. 2022).
— Ky. Rev. Stat. § 342.125(8) — 20 cases
Hall v. Hosp. Resources, Inc., 276 S.W.3d 775 (Ky. 2008). “Thus, it is within the time allowed by KRS 342.125. The settlement was approved on July 22, 1997.”
Meade v. Reedy Coal Co., 13 S.W.3d 619 (Ky. 2000). “OPINION This workers’ compensation appeal concerns whether the December 12, 1996, amendments to KRS 342.125, which prohibited the reopening of an award within two years after its entry, apply to those awards which were entered before the effective date of the amendments.”
Johnson v. Gans Furniture Indus., Inc., 114 S.W.3d 850 (Ky. 2003). “She also maintains that the 1996 amendments to KRS 342.125 violate Section 59(24) because they treat workers and employers differently with respect to the right to reopen a final award and because they treat various groups of injured workers differently.”
Garrett Mining Co. v. Nye, 122 S.W.3d 513 (Ky. 2003). “Because the neurogenic bladder condition did not manifest itself until several years after the rendition of the original award, any increased disability attributable to that condition is a "change of disability" triggering the application of KRS 342.125. Fischer Packing Co. v.…”
Officeware v. Jackson, 247 S.W.3d 887 (Ky. 2008). “When the claimant’s injury occurred, the December 12, 1996 version of KRS 342.125 governed reopening. It provided, in pertinent part, as follows: *889 (3) Except for reopening solely for determination of the compensability of medical expenses, fraud, or conforming the award as…”
— Ky. Rev. Stat. § 342.125(d) — 1 case
Farris v. City of Louisville, 209 S.W.3d 486 (Ky. Ct. App. 2006).
— Ky. Rev. Stat. § 342.125(l)(a) — 2 cases
Zurich Am. Ins. Co. v. Journey Operating, LLC, 323 S.W.3d 696 (Ky. 2010).
Dingo Coal Co., Inc. v. Tolliver, 129 S.W.3d 367 (Ky. 2004).
— Ky. Rev. Stat. § 342.125(l)(b) — 1 case
Neighborsv. River City Interiors, 187 S.W.3d 319 (Ky. 2006).
— Ky. Rev. Stat. § 342.125(l)(c) — 7 cases
Burroughs v. Martco, 339 S.W.3d 461 (Ky. 2011).
Scott v. Aep Kentucky Coals, LLC, 196 S.W.3d 24 (Ky. Ct. App. 2006).
Zurich Am. Ins. Co. v. Journey Operating, LLC, 323 S.W.3d 696 (Ky. 2010).
Se. Coal Co. v. Mansfield, 231 S.W.3d 122 (Ky. 2007).
Cont'l Gen. Tire v. Looper, 211 S.W.3d 78 (Ky. Ct. App. 2006).
— Ky. Rev. Stat. § 342.125(l)(d) — 11 cases
Colwell v. Dresser Instrument Div., 217 S.W.3d 213 (Ky. 2006). “When the claim was ready for a decision, the contested issues included the requirements for reopening under KRS 342.125 and extent and duration of disability.”
Hodges v. Sager Corp., 182 S.W.3d 497 (Ky. 2006).
Dingo Coal Co., Inc. v. Tolliver, 129 S.W.3d 367 (Ky. 2004).
Toyota Motor Mfg., Kentucky, Inc. v. Kathy Prichard, 532 S.W.3d 633 (Ky. 2017). “In Hall, we explained that, based upon the use of the language in other provisions of KRS 342.125, the legislature recognized ■ an “original award” as something separate and distinct from a subsequent “order granting or denying benefits” and intended to allow a four-year period…”
Garrett Mining Co. v. Nye, 122 S.W.3d 513 (Ky. 2003). “Because the neurogenic bladder condition did not manifest itself until several years after the rendition of the original award, any increased disability attributable to that condition is a "change of disability" triggering the application of KRS 342.125. Fischer Packing Co. v.…”
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