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Sidney Coal Co.9/3/2004
AFFIRMING
Sidney Coal Company, Inc. (Sidney Coal) petitions for review from an opinion of the Workers' Compensation Board (Board) affirming the opinion and award of the Administrative Law Judge (ALJ) granting appellee Paul David Owens' motion to reopen his claim for workers' compensation benefits and awarding Owens additional benefits. Sidney Coal argues that Owens failed to demonstrate either a worsening of his condition since the original award of benefits, or, alternatively, that he failed to demonstrate that he suffered from a permanent impairment as a result of the psychological conditions upon which the ALJ based the additional award. For the reasons stated below we affirm.
In August 1996, Owens was working as a miner for Sidney Coal Company. On August 13, 1996, in a coal mine roof accident, a piece of coal fell and struck Owens on the back of the neck and lower back. The blow shoved him forward, causing injuries to his neck, back, right leg and right knee. Sidney Coal does not dispute that Owens sustained these work-related injuries in the accident.
On October 30, 1998, Owens filed an Application for Resolution of Injury Claim against Sidney Coal Company and the Special Fund. On August 24, 1999, ALJ Donald G. Smith rendered an opinion and award determining that Owens incurred an occupational disability of 40% as a result of the August 13, 1996 accident. The disability rating was based upon a 30% occupational disability for Owens' back injury, while 10% was due to the injuries relating to his right leg.
In the meantime, in March 1997, Owens returned to employment with Sidney Coal. In March 1998 an attempt was made to remove the steel rod in his right femur. The surgeons were able to remove the screws, but not the rod. Following the surgery, Owens returned to work in May 1998. He moved to the position of continuous miner operator in January, 1999. Owens stayed in that position until July, 1999.
After leaving Sidney Coal, Owens obtained employment with Pike County Fiscal Court in the Solid Waste Department as a member of its garbage pickup crew. He initially worked as a loader, but then moved to truck driver after receiving his CDL license.
In February 2001, Owens began experiencing muscle spasms and was hospitalized for depression and suicidal tendencies the following month. Owens received temporary total disability benefits from February 11, 2001, through July 22, 2001.
In August 2001, Owens returned to work for Sidney Coal. Owens worked up until March 18, 2002, when he experienced increased back pain while manually reeling up some cable wire. He has not worked since March 18, 2002. Temporary total benefits were again instituted from March 19, 2002, through October 28, 2002.
On November 21, 2002, Owens filed a motion to reopen his claim for workers' compensation benefits on the basis that his occupational disability had worsened since the original award. The Chief Administrative Law Judge determined that Owens had made out a prima facie case for reopening, and the case was assigned to ALJ John B. Coleman. A hearing on the reopening was held on May 28, 2003, at which time Owens testified.
On August 8, 2003, the ALJ entered an opinion and award determining that Owens had experienced a worsening of his condition since the original opinion and award. As determined by the ALJ, the worsening was related to the onset of depression and post-traumatic stress disorder brought about by the original work-related physical injuries. The ALJ determined that as a result of his worsened condition, Owens had sustained a 75% occupational disability. The ALJ awarded benefits corresponding to the incr
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