Bartee v. University Medical Center

Summary

The Kentucky Supreme Court held that an employer's motion to reopen a workers' compensation claim to contest the compensability of surgery did not place temporary total disability benefits at issue. Because the claimant filed her motion seeking temporary total disability benefits after the benefits period had ended, KRS 342.125(4) barred an award for a period before the motion's filing date. The court also rejected waiver and estoppel arguments and affirmed the Court of Appeals.

Holdings

1. An employer's motion to reopen a workers' compensation claim to contest the compensability of a medical bill does not place the claimant's entitlement to temporary total disability benefits before the ALJ merely because the treatment may result in temporary disability.
2. KRS 342.125(4) requires any change in the amount of compensation on reopening to be prospective from the date the motion to reopen is filed; it did not authorize Bartee's award of temporary total disability benefits for the period before either party filed a motion that placed that issue before the ALJ.
3. The employer did not waive its right to object to Bartee's untimely request for temporary total disability benefits, and the record did not support estoppel or another equitable remedy.

Questions Presented

1. Whether the employer's motion to reopen to contest the compensability of medical treatment also placed Bartee's entitlement to temporary total disability benefits before the ALJ.
2. Whether KRS 342.125(4) permitted an award of temporary total disability benefits for a period preceding the filing of a motion to reopen.
3. Whether waiver or estoppel prevented the employer from objecting to Bartee's motion for temporary total disability benefits.

Disposition

affirmed