Larry Kidd v. Crossrock Drilling, LLC

Summary

The Kentucky Supreme Court affirmed decisions declining to consider an alleged workers’ compensation settlement raised for the first time in a petition for reconsideration. The Court held that, although a formal Form 110 was not required, the settlement had to be properly filed through a verified motion and supporting documentation before the administrative law judge could review it. A dissent would have permitted the defect in verification to be cured and remanded for an evidentiary hearing.

Holdings

1. A workers’ compensation settlement must be filed with the appropriate settlement documentation, such as Form 110 or a verified motion accompanied by correspondence and sufficient documentation constituting a complete memorandum of agreement, before the ALJ can consider and approve it.
2. A petition for reconsideration cannot be used to introduce and obtain review of an alleged settlement agreement that was not properly presented to the ALJ before the original award.

Questions Presented

1. Whether the ALJ was required to consider an alleged workers’ compensation settlement raised for the first time in a petition for reconsideration.
2. Whether correspondence between the parties could constitute a sufficient memorandum of settlement absent Form 110 when the settlement was not otherwise properly introduced into the administrative record.
3. Whether the ALJ could consider the terms of the alleged settlement under the limited scope of reconsideration review.

Disposition

affirmed