Martin County Coal Corporation v. Jude2/20/2003
THIS OPINION IS DESIGNA TED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY INANY OTHER CASE INANY COURT OF THIS STATE.
MEMORANDUM OPINION OF THE COURT AFFIRMING
Appealing an Administrative Law Judge's (ALJ's) conclusion that the claimant was totally disabled, the employer has maintained that the decision failed to explain why uncontradicted vocational evidence was rejected and, therefore, that the claim must be remanded for further analysis. Nonetheless, the Workers' Compensation Board and the Court of Appeals have affirmed. Having determined that the ALJ was not obliged to give such an explanation, that there were sufficient findings of fact to permit a meaningful appellate review, and that the decision was not arbitrary, we affirm.
The ALJ's opinion contains an extensive summary of the lay and medical evidence. It notes that the claimant was born in 1956, completed high school, and had vocational training in auto mechanics. He worked for the defendant-employer continuously from July 17, 1974, until October 13, 1999. Over the years, he worked as a laborer, was a grease man, weighed coal trucks, operated an excavator, and for the last 9-10 years he drove a rock truck over dirt roads in a surface mine.
On June 30, 1999, the claimant injured his back while attempting to dump rock from the truck that he operated. During the process, the jack that was raising the truck bed broke, and the entire 170- to 200-ton load fell back onto the truck, causing a severe jolt that bounced him around in the cab. He experienced low back pain at the time and reported the accident although he continued working.
Several months later, the claimant sustained another back injury . On October 13, 1999, he spent the day driving a rock truck over rough roads, and his back started to bother him. He testified that when he got off the truck that evening, he experienced severe pain from his back, into his hip, and down his left leg. He reported the incident to his supervisor and saw Dr. Lafferty the next day. Later, he was referred to Dr. Bansal and Dr. Tibbs, a neurosurgeon. At the hearing, he complained of constant pain of varying intensity in his left lower back, hip, and left leg and foot. He indicated that he was afraid to lift anything much heavier than a gallon of milk and that it was painful to walk or stand. He indicated that he had not worked since October 13, 1999.
Dr. Lafferty, a general practitioner, reported that a lumbar CT scan revealed bulging discs at L3-L4 and L5, with probable spinal stenosis at L4-5. L5-S1 showed diffuse bulging. He diagnosed lumbar disc disease with left lower extremity radiculopathy, chronic cervical strain, and depression, all of which he attributed to the work-related incidents. He assigned a 30% AMA impairment, of which he attributed 25% to the lumbosacral spine and 5% to the cervical spine. In his opinion, the claimant did not retain the physical capacity to return to the type of work that he performed when injured. He should not lift more than 10 pounds, and he should not bend, walk, stand, ride, sit, climb, reach, grasp, or operate machinery for long periods of time.
Dr. Bansal, a neurologist and psychiatrist, first saw the claimant on December 16, 1999. He later testified that as of August, 2000, the claimant was totally unable to work in coal mining or driving a rock truck. He assigned a 20% AMA impairment, of which 10% was for lumbar radiculopathy and 10% was for depression. Furthermore, he restricted the claimant from excessive bending, stooping, or craw
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