Burroughs v. Martco
2011 Ky. LEXIS 74
| Ky. | 2011Background
- Ron Burroughs seeks to reopen a workers' compensation award for a mistake of law.
- ALJ denied reopening as untimely under KRS 342.125(3) and rejected CR 60.01/60.02 grounds.
- Board and Court of Appeals affirmed; the issue reaches the Kentucky Supreme Court.
- Initial award (2002) granted 425 weeks of permanent partial disability for a neck injury.
- Reopening award (2004) increased impairment to 28% but limited total disability to remaining weeks of the original award.
- Burroughs did not pursue reconsideration or appeal the 2004 order; employer later paid benefits until 2009.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of reopening for mistake of law | Burroughs argues reopening allowed for a mistake of law within four years. | Martco argues no reopening within four years per KRS 342.125(3). | Reopening barred by four-year time limit. |
| Effect of CR 60.01/CR 60.02 on reopening | CR 60.01/60.02 authorize correction of clerical/mistake errors. | Regulations do not adopt CR 60.01/60.02 for workers' compensation. | CR 60.01/60.02 not applicable; statutory remedy controls. |
| Wheatley v. Bryant Auto Service relevance | Wheatley permits sua sponte reopenings for legal mistakes. | Amendments to KRS 342.125(3) limit reopenings; Wheatley distinguished. | Wheatley does not override four-year limitation. |
Key Cases Cited
- Wheatley v. Bryant Auto Service, 860 S.W.2d 767 (Ky. 1993) (sua sponte reopening for a legal mistake under pre-amendment statute)
- Meade v. Reedy Coal Co., 13 S.W.3d 619 (Ky. 2000) (affirms petition for reconsideration remedy)
- Hall v. Hospitality Resources, Inc., 276 S.W.3d 775 (Ky. 2008) (four-year bar in reopening context)
- Stovall v. Williams, 675 S.W.2d 6 (Ky. App. 1984) (foundation for benefits termination timing)