Charles v. Appalachian Regional Health Care
Charles v. Appalachian Regional Health Care
Opinion of the Court
OPINION
Tina Charles appeals from an opinion and order of the Workers’ Compensation Board, entered June 30, 2000, affirming the dismissal of her request for a de novo benefit-review hearing. The Administrative Law Judge (ALJ) to whom Charles submitted her request ruled that she had filed the request too late. Charles contends that this ruling was erroneous because it did not adequately take into ac
Alleging that she had suffered a workplace injury in January 1999, Charles filed her claim for medical and disability benefits the following August. Pursuant to the statutes and regulations then in effect, the claim was initially assigned to an arbitrator. On December 13, 1999, counsel for Charles received in the mail, apparently from the Department for Workers’ Claims, a purported benefit review determination awarding Charles medical benefits but denying her claim for income benefits. The document recited that it was both rendered and served December 1, 1999. The spaces intended for the arbitrator’s signature, however, both the one concluding the order and the one concluding the certificate of service, were blank. On January 5, 2000, counsel asked the Department about the status of Charles’s claim. He was told that the unsigned order had been entered on December 6, 1999.
We do not quarrel with the Board’s observations that the time limits for bringing workers’ compensation appeals are to be strictly applied and that Charles’s counsel would have been well advised to make prompter inquiry into the effect of the unsigned order. We are persuaded, however, that the arbitrator’s failure to sign his order cannot be as lightly disregarded as it was by the Board. It is true, as the Board noted, that neither KRS Chapter 342, the Workers’ Compensation Act, nor the regulations promulgated thereunder includes an express counterpart to CR 58, which provides that “[b]e-fore a judgment or order may be entered ... it shall be signed by the judge.” Nevertheless, in its role as arbiter of workers’ claims, the Department is a tribunal of record.
plays havoc with the principles that a judgment becomes effective only when it is entered in the docket and that the time for taking an appeal runs from the date of the docket notation which indicates the parties were served with notice that the judgment was entered in the*468 docket. CR 58(1).7
It is manifest, we believe, that “entry,” the clerical act, cannot precede or supply “rendition,” the judicial act. We also believe that rendition requires a clear indication on the face of the record that the duly authorized decision maker adopts as his or her own the decision purportedly entered on his or her behalf.
ALL CONCUR.
. There is no dispute that the order actually submitted to the Commissioner, as well as the copy forwarded to Charles, was not signed.
. See KRS 342.275 (1996) and 803 KAR 25:010 § 12 (1999).
. KRS 342.245.
. Ky., 930 S.W.2d 397 (1996).
. Id. at 398.
. Commonwealth of Kentucky, Transportation Cabinet v. City of Campbellsville, Ky.App., 740 S.W.2d 162 (1987).
. Allen v. Walter, Ky., 534 S.W.2d 453 (1976); Yocom v. Hamilton, Ky., 494 S.W.2d 731 (1973).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.