IMPORTANT NO,TICE THIS OPINION IS DESIGNA TED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PR OCED URE PR O1t7UL GA TED B Y THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUB

State: Kentucky

Court: Supreme Court

Docket No: 2005-SC-000321-WC

Case Date: 12/20/2005

Plaintiff: IMPORTANT NO,TICE THIS OPINION IS DESIGNA TED "NOT

Defendant: BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PR OCED URE PR O1t7UL GA TED B Y THE SUPREME COURT,

Preview:IMPORTANTNO,TICE

NOTTOBEPUBLISHED OPINIQN

THIS OPINIONISDESIGNATED "NOTTOBE PUBLISHED. " PURSUANTTO THERULESOF CIVIL PROCEDUREPRO1t7ULGATEDBYTHE SUPREMECOURT, CR 76.28 (4) (c), THIS OPINION ISNOTTOBEPUBLISHEDANDSHALLATOTBE CITED OR USED ASAUTUORITYINANYOTHER CASE INANYCOURTOF THIS STA TE.
RENDERED: NOVEMBER 23, 2005 NOT TO BE PUBLISHED
,~iuyrrmr OE'Llurf of
2005-SC-0321-WC D-1,
-j A' ~lO J w DONNIE MORRIS APPELLANT
APPEAL FROM COURT OF APPEALS
2004-CA-1707-WC
WORKERS' COMPENSATION BOARD NOS. 01-97088 & 01-0854

W.A. KENDALL & COMPANY, INC. ; HON. W.
BRUCE COWDEN, ADMINISTRATIVE LAW
JUDGE; AND WORKERS' COMPENSATION BOARD APPELLEES

MEMORANDUM OPINION OF THE COURT AFFIRMING This appeal concerns an Administrative Law Judge's (ALJ's) authority under KRS
342.125 to withdraw and later revise an award on the ground that it was rendered before the ALJ ruled on an outstanding motion to extend the time for submitting evidence. Affirming a decision of the Workers' Compensation Board (Board), the Court of Appeals determined that although the ALJ erred by revising the initial opinion pursuant to a petition for reconsideration, KRS 342.125 permitted the ALJ to correct an admitted oversight in failing to rule on the motion before considering the claim. Wheatley v. Bryant Auto Service, 860 S.W.2d 767 (Ky. 1993). We affirm .
This case involves an unusual procedural history. The claimant alleged work

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