*/
Workers’
Compensation Board
OPINION
ENTERED: November 13, 2015
CLAIM NO. 201484974
PATRICK RISNER PETITIONER
VS. APPEAL FROM HON. STEPHANIE
L. KINNEY,
ADMINISTRATIVE LAW JUDGE
W L HARPER CO. and
HON.
STEPHANIE L. KINNEY,
ADMINISTRATIVE LAW JUDGE RESPONDENTS
OPINION
& ORDER
DISMISSING
*
* * * * *
BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members.
ALVEY,
Chairman. Patrick Risner (“Risner”) seeks review of an Opinion and Order rendered July
31, 2015 by Hon. Stephanie L. Kinney, Administrative Law Judge (“ALJ”), and the
September 22, 2015 order denying the petition for reconsideration he filed in
his claim against W. L. Harper Co.
Risner filed
a Form 101 on December 24, 2014, alleging injuries to his lower extremities and
feet in an accident which occurred on April 9, 2014. In the opinion rendered July 31, 2015, the
ALJ dismissed Risner’s claim. Risner timely filed
a petition for reconsideration on August 10, 2015. This petition for reconsideration was denied
by the ALJ in an order entered September 22, 2015. Risner then filed a
pro se appeal on October 29, 2015.
Clearly,
the ALJ’s decision rendered September 22, 2015 was the final order as
contemplated by KRS 342.275(2) and 803 KAR 25:010 Sec. 21 (2)(a)
which triggers the running of the thirty day period. Risner did not file
his notice of appeal until thirty-seven days after the order on reconsideration
was issued. Considering the three day
rule for service of the order, the time for filing the appeal expired on
October 25, 2015. Since this was on
Sunday, the date for timely filing an appeal was extended to October 26, 2015. The appeal was not filed until three days
after the latest date it could have been considered timely filed. Because the notice of appeal was not timely filed,
the appeal must be dismissed.
Accordingly,
IT IS HEREBY ORDERED AND ADJUDGED
the appeal seeking review of the opinion rendered July 31, 2015, and the
order on Risner’s petition for reconsideration issued
September 22, 2015, by Hon. Stephanie L. Kinney, Administrative Law Judge, is DISMISSED.
ALL
CONCUR.
_____________________________
MICHAEL W. ALVEY, CHAIRMAN
WORKERS’ COMPENSATION BOARD
PETITIONER,
PRO SE:
PATRICK RISNER
111 KENNESWAY DRIVE
KEENE, KY 40339
COUNSEL
FOR RESPONDENT:
HON SHERRI KELLER
300 EAST MAIN ST, STE 400
LEXINGTON, KY 40507
ADMINISTRATIVE
LAW JUDGE:
HON STEPHANIE L KINNEY
PREVENTION PARK
657 CHAMBERLIN AVENUE
FRANKFORT, KY 40601
