Toyota Motor Manufacturing, Kentucky, Inc. v. Kathy Prichard, 532 S.W.3d 633

Kathy Prichard injured her neck at Toyota in 2005; diagnosed with cervical strain and degenerative disc disease.
ALJ awarded 8% permanent partial disability in 2007; Prichard returned to work briefly but stopped due to pain and later had cervical fusion in 2008.
Prichard successfully moved to reopen in 2009–2011; ALJ increased rating to 28% (still found able to do sedentary work) in a 2011 order.
By 2014 Prichard’s condition worsened; Dr. James Bean and Dr. William Childers concluded she became unable to perform even sedentary work and she moved to reopen the 2011 order.
Toyota’s expert, Dr. Banerjee, opined no change (8% impairment); the ALJ, Board, and Court of Appeals relied on Drs. Bean and Childers and found total disability.
Kentucky Supreme Court affirmed: reopening was timely under KRS 342.125(3) (measured from the later 2011 order) and satisfied KRS 342.125(1)(d) based on objective medical evidence of worsening.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness to reopen under KRS 342.125(3)	Reopening of the 2011 order is within four years; statute measures from the later order granting benefits	Reopening is time-barred because "original" award was 2007 and four-year limit runs from that date	Timely: Court follows Hall and holds the four-year period runs from the later order granting or denying benefits (2011)
Sufficiency of objective medical evidence under KRS 342.125(1)(d)	Drs. Bean and Childers provided recent, objective medical findings showing worsening to total disability after the 2011 order	Toyota’s expert says no change; argues evidence relied on pre-2011 testing and is insufficient	Held: Objective medical evidence of worsening existed; ALJ properly credited treating physicians over conflicting expert—battle of experts resolved for factfinder

Square D Co. v. Tipton, 862 S.W.2d 308 (Ky. 1993) (ALJ is primary factfinder; may accept or reject testimony)
Millet v. East Kentucky Beverage/Pepsico, Inc., 951 S.W.2d 329 (Ky. 1997) (ALJ decides weight and inferences from evidence)
Magic Coal Co. v. Fox, 19 S.W.3d 88 (Ky. 2000) (ALJ may disbelieve portions of testimony from same witness)
Western Baptist Hospital v. Kelly, 827 S.W.2d 685 (Ky. 1992) (appellate review limited where Board did not misconstrue law or flagrantly err on facts)
Hall v. Hospitality Resources, Inc., 276 S.W.3d 775 (Ky. 2008) (interpreting KRS 342.125(3) to measure four-year reopening period from subsequent order granting or denying benefits)
Rye v. Weasel, 934 S.W.2d 257 (Ky. 1996) (legislative inaction after judicial interpretation implies legislative acquiescence)