 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Aero Energy Inc. v. Johnson12/16/2004
lying upon it as well as Dr. Mirani's report, both of which indicated that the August, 2001, back injury caused an 8% impairment. The reports clearly provided substantial evidence that the claimant's back injury caused a permanent impairment as required by KRS 342.0011(11)(c), and no further consideration of the matter is necessary.
The employer also asserts that disability due to carpal tunnel syndrome was non-compensable and should have been excluded from the award. We note, however, that the ALJ made a specific finding that only the back condition was considered when determining that the claimant was totally disabled. In view of the fact that the AU did not include disability due to carpal tunnel syndrome when determining that the claimant was totally disabled, it was unnecessary to exclude such disability when calculating the claimant's award.
The decision of the Court of Appeals is affirmed.
All concur.
|