Kentucky Supreme Court May 20, 2004, 2003-SC-0048-WC (Whittaker v. Hall)

COOPER, Justice,

concurring in part and dissenting in part.

The error that the majority opinion has made in this case is akin to a “category mistake.” See Gilbert Ryle, The Concept of Mind 16 (1949). The opinion correctly concludes that the ALJ order from which this appeal is taken is not an order resolving a motion to reopen under KRS 342.