Varney v. Fortress Resources, LLC, 083117 KYWC, 201601907

Case DateAugust 31, 2017
CourtKentucky
STEVEN VARNEY PETITIONER
v.
FORTRESS RESOURCES, LLC, and HON. GRANT S. ROARK, ADMINISTRATIVE LAW JUDGE RESPONDENTS
Nos. 201601907, 201601662
Kentucky Workers Compensation
Commonwealth of Kentucky Workers’ Compensation Board
August 31, 2017
         APPEAL FROM HON. GRANT S. ROARK, ADMINISTRATIVE LAW JUDGE.           COUNSEL FOR PETITIONER: HON STEPHANIE L COLEMAN           COUNSEL FOR RESPONDENT: HON SARAH MCGUIRE           BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members.           OPINION AND ORDER DISMISSING           MICHAEL W. ALVEY, CHAIRMAN WORKERS’ COMPENSATION BOARD          Steven Varney (“Varney”) seeks review of the Opinion and Order rendered June 26, 2017 by Hon. Grant S. Roark, Administrative Law Judge (“ALJ”). The ALJ found Varney did not sustain compensable work-related injuries to his lumbar spine, hands, or knees due to his repetitive work tasks with Fortress Resources, LLC. No petition for reconsideration was filed.          On July 28, 2017, more than thirty days after the ALJ entered his decision, Varney filed a Notice of Appeal from the ALJ’s decision and also tendered his brief. We initially note KRS 342.285(1) states as follows:
An award or order of the administrative law judge as provided in KRS 342.275, if petition for reconsideration is not filed as provided for in KRS 342.281, shall be conclusive and binding as to all questions of fact, but either party may in accordance with administrative regulations promulgated by the commissioner appeal to the Workers’ Compensation Board for review of the order or award.
         803 KAR 25:010 section 22 (2) provides:
(2) Time and format of notice of appeal.
(a) Within thirty (30) days of the date a final award, order, or decision rendered by an administrative law judge pursuant to KRS 342.275(2) is filed, any party aggrieved by that award, order, or decision may file a notice of appeal to the Workers’ Compensation Board.
(b) As used in this section, a final award, order or decision shall be determined in accordance with Civil Rule 54.02(1) and (2).
         Varney did not...

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