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Miles v. Marion County Board of Education9/9/2005
REVERSING
BEFORE: BARBER, KNOPF, AND SCHRODER, JUDGES.
Both the Administrative Law Judge (ALJ) and the Workers' Compensation Board (WCB) found that Brenda Louise Miles' (Miles) claim for workers' compensation benefits was time-barred despite undisputed evidence that the statutory letter (also known as a WC-3) meant to advise potential claimants of the applicable statute of limitations for making a workers' compensation claim from the Commissioner of the Department of Workers' Claims (DWC) never reached Miles. The reason it did not was because the employer did not provide the Commissioner with Miles' correct address. We reverse and hold in the circumstances of this case the two-year statute of limitations in KRS 342.185(1) is tolled.
The facts of this case are largely undisputed. Miles is employed by the Marion County Board of Education (the Board) as a school bus driver. On February 22, 2001 Miles slipped on a piece of ice on the bottom step of the school bus she was operating, fell, and injured her back. She was off work from February 23, 2001 to May 15, 2001 during which time the Board paid Miles temporary total disability benefits (TTD). The Board also paid Miles' medical bills.
The Board admits that Miles was covered under the Workers' Compensation Act; that she received a work-related injury, and that it received due and timely notice of the injury.
After Miles' injury the Board had her sign a form entitled, "Kentucky School Boards Insurance Trust Workers' Compensation Injury Notice." That form contained a variety of information concerning Miles' employment, the injury, and her contact information. It is undisputed that Miles did not fill out the form, she only signed it. When questioned regarding whether she had signed the form when blank she stated she did not believe so and acknowledged that she would most likely have reviewed the document for the purpose of determining whether it was blank.
Also undisputed is that the address contained on the form filled out by the Board and signed by Miles, 1665 L. Mattingly Road, Lebanon, KY 40062, is not Miles' correct address.
When Miles' TTD benefits were terminated the Board, through its' insurance carrier, Kentucky School Boards Insurance Trust (KSBIT), electronically filed a form IA-2 with the Department of Workers' Claims as is required by KRS 342.040(1). It is undisputed that the IA-2 filed contains an incorrect address for Miles and also has information relating to the injury not appearing on the form previously signed by Miles. The IA-2 lists Miles' address as "1665 Lewis Mattingly Rd., Lebanon, KY 40062."
At all relevant times in this action Miles' correct address was "1330 Lewis Mattingly Road, St. Francis, Kentucky 40062."
Finally, it is undisputed that on June 4, 2001 the Commissioner sent a WC-3 letter to Miles at the incorrect address provided on the IA-2; the letter was returned as undeliverable on June 11, 2001. Miles never received the notice called for by KRS 342.040(1) of her need to file any claim for workers' compensation benefits within two years from the date of injury or the cessation of temporary income benefits, whichever is later.
The ALJ found that the Board "provided the Department of Workers' Claims with the correct address for plaintiff and complied with all requirements of KRS 342.040." The ALJ also found Miles to be responsible for the incorrect address information given on the form that the Board had Miles sign. For these reasons he concluded Miles was not entitled to have the two-year statute of limitations tolled. The WCB affirmed on the basis that tolling of the statute of limitations in K
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