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CABINET FOR HUMAN RESOURCES v. RILEY

Nos. 94-SC-722-WC, 94-SC-763-WC.

921 S.W.2d 616 (1996)

COMMONWEALTH of Kentucky, CABINET FOR HUMAN RESOURCES, Appellant v. Barbara Sue RILEY; Robert L. Whittaker, Acting Director of Special Fund; Roger D. Riggs, Administrative Law Judge; and Workers' Compensation Board, Appellees. Robert L. WHITTAKER, Acting Director of Special Fund, Appellant v. Barbara RILEY; Commonwealth of Kentucky, Cabinet for Human Resources; Roger D. Riggs, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing May 23, 1996.

Attorney(s) appearing for the Case

William A. Miller, Sr., Joel W. Aubrey, and Thomas L. Ferreri, Louisville, for appellant/appellee Cabinet for Human Resources.

Joel D. Zakem, Labor Cabinet, Louisville, for appellant/appellee Special Fund.

Debra Rowlett King, King & King, Pine Knot, for appellee, Barbara Sue Riley.

Walter W. Turner and Valerie L. Salvin, Frankfort, for appellee Workers' Compensation Board.

Roger D. Riggs, Mt. Sterling, for Administrative Law Judge.

MEMORANDUM OPINION OF THE COURT

This is an appeal from a Court of Appeals' opinion which held that the Workers' Compensation Board abused its discretion by enforcing its regulation with respect to the timely filing of a completed application for benefits.

The questions presented are whether Riley's application was never timely filed so as to toll the statute of limitations of KRS 342.185 and whether the Board...

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