AK Steel Corporation v. Danny E. Carico

Summary

The Supreme Court of Kentucky affirmed dismissal of an untimely petition for review of a Workers' Compensation Board decision. The court held that CR 76.25(2) requires dismissal when a petition for review is not timely filed and that an attorney's misunderstanding of the filing deadline does not constitute excusable neglect permitting enlargement of the expired period.

Holdings

1. CR 6.02 does not permit enlargement of the time to file a CR 76.25 petition for review after the deadline has expired when the appellant's failure resulted from a misunderstanding of the filing date rather than failure to learn of the entry of the decision triggering the appeal period.

Questions Presented

1. Whether CR 6.02 permits enlargement of the time to file a petition for review under CR 76.25 after the filing deadline has expired based on counsel's alleged excusable neglect.
2. Whether the mandatory dismissal language of CR 76.25(2) requires dismissal of an untimely petition for review.

Disposition

affirmed