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Whittaker v. Ivy2/21/2002
asis for increasing the award for that claim. Thus, where a worker seeks to reopen a claim after sustaining a subsequent injury, only the increase in disability that is attributable to the initial injury may be considered when determining whether the injury's compensable period has expired for the purpose of then determining whether the claim may be reopened. In the instant case, the effects of the 1985 injury, by themselves, were only partially disabling; therefore, the claim for that injury could no longer be reopened in 1997 because the period for partial disability had long since expired.
The decision of the Court of Appeals is reversed, and the decision of the ALJ is reinstated.
All concur.
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