KY Court: Termination not New Evidence

The Kentucky Court of Appeals held that evidence of employee's post award discharge is not "newly discovered evidence" sufficient to allow reopening of workers' compensation claim. In Summers v. U.S. Liquids, No. 2004-CA-001547-WC, 03/04/2005, Summers fell from a storage tank and injured his feet and hips. Summers underwent multiple foot surgeries, was assigned permanent physical restrictions and was assessed at a 40 percent whole-person impairment rating. U.S. Liquids provided Summers with temporary light duty work. After the Administrative Law Judge (ALJ) determined that Summers had a 40 ...