Lizdo v. Gentec Equipment

Summary

The Kentucky Supreme Court reversed and remanded a workers’ compensation limitations ruling because the employer failed to establish that it had properly notified the Department of Workers’ Claims of the termination of temporary total disability benefits. The court held that the evidence supporting the employer’s compliance with the electronic filing requirement was insufficient and that the finding supporting the limitations defense was unreasonable. The matter was remanded to the Administrative Law Judge for consideration of the merits of the claim.

Holdings

1. The employer failed to establish that it electronically filed the required Form IA-2, or otherwise properly notified the Department of the termination of temporary total disability benefits.
2. The ALJ's finding that the employer complied with its statutory and regulatory obligations was unreasonable under the evidence and could be reversed on appeal.
3. The court did not need to decide whether the Commissioner's failure to comply with KRS 342.040(1), standing alone, would toll the limitations period.

Questions Presented

1. Whether the employer established compliance with KRS 342.040(1) and 803 KAR 25:170, section 2(1), sufficient to support a limitations defense.
2. Whether the ALJ's finding that the employer complied with its notice obligation was unreasonable under the evidence.
3. Whether the claimant's workers' compensation claim should be remanded for consideration on the merits.

Disposition

reversed_and_remanded