RENDERED: OCTOBER 6, 2023; 10:00 A.M.

NOT TO BE PUBLISHED

Commonwealth of Kentucky

Court of Appeals

NO. 2022-CA-0712-WC

JAB CONTRACTING, LLC APPELLANT 

v. 

PETITION FOR REVIEW OF A DECISION

OF THE WORKERS’ COMPENSATION BOARD

ACTION NO. WC-19-99610

WILLIAM CAUDILL; 

CUMBERLAND RIVER 

BEHAVIORAL CENTER; HARLAN 

ARH HOMECARE STORE; 

MOUNTAIN MEDICAL 

ENTERPRISES; HONORABLE PETER 

GREG NAAKE, ADMINISTRATIVE 

LAW JUDGE; PIKEVILLE MEDICAL 

CENTER; THE RADIOLOGY GROUP, 

LLC; HARLAN APPALACHIAN 

REGIONAL HOSPITAL; AND

WORKERS’ COMPENSATION 

BOARD APPELLEES 

OPINION

REVERSING AND

REMANDING

**   **  **
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BEFORE: COMBS, EASTON, AND MCNEILL, JUDGES.

COMBS, JUDGE: This workers’ compensation appeal arises out of a medical fee 

dispute. The sole issue involves KRS1 342.020(4), which requires medical 

providers to submit their bills within 45 days of the date of service. The issue 

before us is whether that statutory provision applies pre-award. The statute sets 

forth as follows:

The provider of medical services shall submit the 

statement for services within forty-five (45) days of the 

day treatment is initiated and every forty-five (45) days 

thereafter, if appropriate, as long as medical services are 

rendered. 

By Opinion and Order rendered on September 29, 2020, the 

Administrative Law Judge (ALJ) determined that the 45-day time limit in KRS 

342.020(4) does not apply prior to an award. The ALJ also found that the 

following bills are compensable, that they are not barred by KRS 342.020(4), and 

that they are, therefore, the responsibility of the Defendant-Employer: 

a. January 3 2019 radiologic exam -- Harlan ARH by 

billing provider The Radiology Group 

b. January 14 2019 surgical treatment of ankle fracture --

Pikeville Medical Center

c. March 5, 2019 physical therapy -- Harlan ARH

d. March 7, 2019 physical therapy -- Harlan ARH 

1 Kentucky Revised Statutes.
-3-

e. March 12, 2019 physical therapy -- Harlan ARH 

f. June 16, 2019 durable medical equipment -- Harlan 

ARH Homecare Store 

g. June 24, 2019 psychotherapy -- Cumberland River 

Behavior 

h. July 9, 2019 office outpatient and x ray --Pikeville 

Medical Center.

The Appellant, JAB, the employer, appealed to the Workers’ 

Compensation Board. JAB argued that the bills were not timely submitted because 

KRS 342.020(4) mandates their submission within 45 days of the initiation of 

treatment and every 45 days thereafter and that the statute applies pre-award. By 

Opinion rendered on May 20, 2022, the Board affirmed the ALJ and held that the 

“the 45-day requirement set forth in KRS 342.020(4) is applicable only after a 

determination of compensability of a claim by an ALJ.” 

On June 23, 2022, JAB filed a petition for review on appeal in this 

Court and argued that the plain language of KRS 342.020(4) applies both pre- and 

post-award. No response to the petition was filed. By Order entered on September 

13, 2022, we held this appeal in abeyance pending a decision in Daniel Farley v. 

P&P Construction, Inc., in which the same issue was pending before our Supreme 

Court. Farley has now been decided. 

By Opinion rendered on August 24, 2023, the Supreme Court agreed 

with JAB that “pursuant to the unambiguous language of KRS 342.020(4), medical 
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providers are required to submit their billings within 45-days of service, regardless 

of whether a determination of liability has been made . . . .” Farley v. P&P 

Construction, Inc., ___ S.W.3d ___, 2023 WL 5444615, at *1 (Ky. 2023) (italics 

original). The Court concluded that the 45-day requirement “applies both pre- and 

post-award.” Id. at *7. It continued as follows:

[T]his interpretation of KRS 342.020(4) will not harm 

Farley as “[t]he medical provider shall not bill a patient 

for services which have been denied by the payment 

obligor for failure to submit bills following treatment 

within forty-five (45) days as required by KRS 342.020 

and Section 6 of this administrative regulation.” 803 

KAR[2] 25:096 § 10(3).

Id. 

Accordingly, by virtue of SCR3 1.030(8)(a), we are compelled to

reverse the Opinion of the Workers’ Compensation Board and to remand this case 

to the ALJ with direction to enter a new Opinion and Order consistent with the 

Supreme Court’s holding in Farley.

ALL CONCUR.

2 Kentucky Administrative Regulation. 

3 Supreme Court Rule.
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BRIEF FOR APPELLANT:

W. Barry Lewis

Hazard, Kentucky

NO BRIEF FOR APPELLEE.