Kentucky

Administrative Law, Denial of disablity retirement benefits, computing deadline for appeal: David Wilkins v. Kentucky Retirement Systems Board of Trustees (SC 1/22/2009)

By Michael Stevens

2007-SC-000950-DG 1/22/2009
Opinion by Justice Schroder.  All sitting; all concur.  

Pursuant to KRS 13B.140, Wilkins had 30 days to appeal the Franklin Circuit Court?s denial of disability retirement benefits.  The 30th day fell on a Sunday and the following day was Columbus Day?however, Kentucky courts were open that day.  Wilkins filed his appeal the next day (Tuesday) and it was subsequently denied as untimely.  The Court of Appeals affirmed the dismissal, holding that because the Kentucky Court of Justice did not designate Columbus Day as a legal holiday, the appeal was filed a day late.   The Supreme Court reversed, holding that under KRS 2.110 Columbus Day is a legal holiday, and that status is not affected by the Court of Justice?s decision not to close the courts.  The Court further held that since KRS 446.030 permits an extra day for legal holidays when computing deadlines, Wilkins? appeal was filed timely.  

Full post as published by Kentucky Cases on February 22, 2009 (boomark / email).