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Aero Energy12/31/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Aero Energy, Inc., petitions for review from an opinion of the Workers' Compensation Board affirming the determination of an administrative law judge (ALJ) that Phillip Johnson is totally occupationally disabled as the result of a work-related injury. Aero contends that the ALJ erred by relying upon the impairment rating of Dr. James Templin in his determination that Johnson is totally disabled and by not carving out from Johnson's award the impairment rating assessed by Dr. Templin for Johnson's carpal tunnel syndrome. For the reasons stated below, we affirm.
Johnson was born on March 21, 1947. He has a high school education and is certified as a mine foreman and electrician. Johnson's past relevant work experience has consisted primarily of employment in various capacities in the coal mining industry beginning in 1966. In August 1994 Johnson sustained an injury to his right arm and shoulder for which he received a 10% occupational disability award. (Claim No. 96-06095). On December 1, 2000, Johnson moved to reopen the opinion and award in Claim No. 96-06095 alleging that his occupational disability had increased substantially. On January 27, 2001, his motion to reopen this claim was denied.
On June 21, 2000, Johnson was first informed that he had carpel tunnel syndrome in his hands and wrists. On July 10, 2000, Johnson suffered a work-related injury when he bumped his right knee against a conveyor belt. On August 22, 2001, he incurred a work-related injury when he slipped and fell, causing him to injure his back. On August 27, 2001, Johnson incurred a work-related injury to his left wrist and hand. In addition, he was exposed to loud noises at work on a daily basis and had developed cumulative work-related hearing loss. Johnson has not returned to work since August 27, 2001.
On June 20, 2002, Johnson filed an application for resolution of injury claim with the Board of Claims. Johnson alleged in the application that he sustained work-related injuries to his right arm on June 21, 2000; his right knee on July 10, 2000; his back on August 22, 2001; and his left arm on September 24, 2001. Johnson later clarified that the injury to his left arm occurred on August 27, 2001. On the same day, June 20, 2002, Johnson filed an application for resolution of hearing loss claim against Aero. The claims were subsequently consolidated and heard by an ALJ.
On January 17, 2003, the ALJ entered an opinion and award dismissing Johnson's carpal tunnel syndrome claim, his right knee claim, and his hearing loss claim. However, the ALJ awarded Johnson total disability benefits based upon his back injury. The ALJ carved out 15% of that disability as a pre existing active injury due to Johnson's prior injuries and complaints involving his lower back and the 10% permanent partial disability award in the claim involving his right arm and shoulder.
On July 16, 2003, the Board entered an order affirming the ALJ's decision. This petition for review followed.
Aero contends that the ALJ erred by relying upon the impairment rating of Dr. James Templin in finding that Johnson is totally disabled as a result of his August 22, 2001, back injury. Aero alleges that Dr. Templin's medical report expressly attributes Johnson's entire impairment rating to his August 1994 injury and that, accordingly, Dr. Templin has not assessed a valid permanent impairment attributable to any of the injuries alleged by Johnson in the present application.
In his opinion and award the ALJ addressed the issue of Johnson's disability as a result of his August 22, 2001, back injury as follows:
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