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Supreme Court Clarifies Prerequisites for Reopening Claim

Wednesday, September 28, 2022 | 0

The Kentucky Supreme Court unanimously ruled that a determination that a claimant has a permanent injury or is entitled to benefits is not a prerequisite to reopening a claim. The high court said the plain language of Kentucky Revised Statute Section 342.125 allows the reopening and review of "any award or order" that meets one of the specified conditions. The law allows the reopening of claims on the basis of fraud, newly discovered evidence, a mistake and a change of disability. As such, the high court agreed with an appellate court that a motion Maria Jimenez filed to reopen her...

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