 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Sidney Coal Co.9/3/2004
is age, occupation, education, effect upon employee's general health of continuing in the kind of work he is customarily able to do, and impairment or disfigurement. Mining work was the type of work Owens was customarily able to do. Clearly, Dr. Cowell's testimony indicates there would be a negative effect upon Owens' general health if he continued in that kind of work. Contrary to Sidney's assertion, the definition in KRS 342.0011(11) does not require a showing of an impairment rating, but rather it allows for impairment or disfigurement as a consideration in determining if there is a disability.
The facts in the present claim are strikingly similar to those in Woodland Hills Mining, Inc. v. McCoy[,Ky., 105 S.W.3d 446 (2003)]. In that case, the Supreme Court applied the pre-December 12, 1996 substantive proof requirement of KRS 342.730, and upheld a finding of an increase in occupational disability to a total disability even though the claimant only produced evidence of increased levels of pain and depression and produced no evidence of increased impairment ratings.
Finally, we believe the record would actually support a finding that Owens had an impairment rating from the psychological condition. While Dr. Grancher indicated that he did not believe Owens had any percentage of impairment as a result of the work injury , he did indicate that Owens was entitled to an impairment rating of about 10% due to residual depressive symptoms.
Dr. Cowell believed Owens continued to have depressive symptoms as well. The ALJ, had he felt it necessary, could certainly have accepted Dr. Granacher's opinion regarding impairment rating and rejected Dr. Granacher's opinion as to causation. Caudill v. Maloney's Discount Store[, Ky., 560 S.W.2d 15 (1977)].
The function of this Court in reviewing the Board "is to correct the Board only where the . . . Court perceives the Board has overlooked or misconstrued controlling statutes or precedent, or committed an error in assessing the evidence so flagrant as to cause gross injustice." Western Baptist Hospital v. Kelly, Ky., 827 S.W.2d 685, 687-88 (1992). This did not occur in the present case.
For the foregoing reasons the opinion of the Workers' Compensation Board is affirmed.
ALL CONCUR.
Page 1 2 3 4 5 Kentucky Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|