{"data":{"id":"us-ky/krs-342.125","jurisdiction":"us-ky","citation":"KRS 342.125","heading":"Reopening and review of award or order -- Grounds -- Procedures -- Time","body":"limitations -- Credit for previously -awarded retraining incentive benefits or\nincome benefits awarded for coal-related pneumoconiosis.\n(1) Upon motion by any party or upon an administrative law judge's own motion, an\nadministrative law judge may reopen and review any award or order on any of the\nfollowing grounds:\n(a) Fraud;\n(b) Newly-discovered evidence which could not have been discovered with the\nexercise of due diligence;\n(c) Mistake; and\n(d) Change of disability as shown by objective medical evidence of worsening or\nimprovement of impairment due to a condition caused by the injury since the\ndate of the award or order.\n(2) No claim which has been previously dismissed or d enied on the merits shall be\nreopened except upon the grounds set forth in this section.\n(3) Except for reopening solely for determination of the compensability of medical\nexpenses, fraud, or conforming the award as set forth in KRS 342.730(1)(c)2., or for\nreducing a permanent total disability award when an employee returns to work, or\nseeking temporary total disability benefits during the period of an award, no claim\nshall be reopened more than four (4) years following the date of the original award\nor ori ginal order granting or denying benefits, when such an award or order\nbecomes final and nonappealable, and no party may file a motion to reopen within\none (1) year of any previous motion to reopen by the same party. Orders granting or\ndenying benefits that  are entered subsequent to an original final award or order\ngranting or denying benefits shall not be considered to be an original order granting\nor denying benefits under this subsection and shall not extend the time to reopen a\nclaim beyond four (4) year s following the date of the final, nonappealable original\naward or original order.\n(4) Reopening and review under this section shall be had upon notice to the parties and\nin the same manner as provided for an initial proceeding under this chapter. Upon\nreopening, the administrative law judge may end, diminish, or increase\ncompensation previously awarded, within the maximum and minimum provided in\nthis chapter, or change or revoke a previous order. The administrative law judge\nshall immediately send all part ies a copy of the subsequent order or award.\nReopening shall not affect the previous order or award as to any sums already paid\nthereunder, and any change in the amount of compensation shall be ordered only\nfrom the date of filing the motion to reopen. No employer shall suspend benefits\nduring pendency of any reopening procedures except upon order of the\nadministrative law judge.\n(5) (a) Upon the application of the affected employee, and a showing of progression\nof his previously -diagnosed occupational pneu moconiosis resulting from\nexposure to coal dust and development of respiratory impairment due to that\npneumoconiosis and two (2) additional years of employment in the\nCommonwealth wherein the employee was continuously exposed to the\nhazards of the disease,  the administrative law judge may review an award or\norder for benefits attributable to coal -related pneumoconiosis under KRS\n342.732. An application for review under this subsection shall be made within\none (1) year of the date the employee knew or reason ably should have known\nthat a progression of his disease and development or progression of respiratory\nimpairment have occurred. Review under this subsection shall include a\nreview of all evidence admitted in all prior proceedings.\n(b) Benefits awarded as a result of a review under this subsection shall be reduced\nby the amount of retraining incentive benefits or income benefits previously\nawarded under KRS 342.732. The amount to be deducted shall be subtracted\nfrom the total amount awarded, and the remaini ng amount shall be divided by\nthe number of weeks, for which the award was made, to arrive at the weekly\nbenefit amount which shall be apportioned in accordance with the provisions\nof KRS 342.316.\n(6) In a reopening or review proceeding where there has bee n additional permanent\npartial disability awarded, the increase shall not extend the original period, unless\nthe combined prior disability and increased disability exceeds fifty percent (50%),\nbut less than one hundred percent (100%), in which event the aw arded period shall\nnot exceed five hundred twenty (520) weeks, from commencement date of the\noriginal disability previously awarded. The law in effect on the date of the original\ninjury controls the rights of the parties.\n(7) Where an agreement has become an award by approval of the administrative law\njudge, and a reopening and review of that award is initiated, no statement contained\nin the agreement, whether as to jurisdiction, liability of the employer, nature and\nextent of disability, or as to any other  matter, shall be considered by the\nadministrative law judge as an admission against the interests of any party. The\nparties may raise any issue upon reopening and review of this type of award which\ncould have been considered upon an original application for benefits.\n(8) The time limitation prescribed in this section shall apply to all claims irrespective of\nwhen they were incurred, or when the award was entered, or the settlement\napproved. However, claims decided prior to December 12,  1996, may be reopened\nwithin four (4) years of the award or order or within four (4) years of December 12,\n1996, whichever is later, provided that the exceptions to reopening established in\nsubsections (1) and (3) of this section shall apply to these claims as well.","path":["KRS Chapter 342"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47616","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:30Z","sha256":"20a69e045f7dbf14bbc930eba3968c814799f6f5f5fd89b40edc3b129e5d19e6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-342.1243","next":"us-ky/krs-342.130"},"notice":"GroundRules: Original legal text. Not legal advice."}