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Campbell v. Sextet Mining Co.9/21/1995
OPINION OF THE COURT BY JUSTICE STUMBO
The sole issue before this Court is whether, in a worker 's compensation claim, upon finding that a person is totally and permanently disabled from several separate injuries, an award of lifetime benefits pursuant to KRS 342.730(1)(a) is appropriate for the combined injuries. This exact issue is currently pending in three appeals before this Court. Therefore, as a matter of judicial economy, all three of these appeals have been consolidated and brought before the Court as a matter of right by the Court's own motion in order to settle the common issue involved.
FACTS
The first case is Campbell v. Sextet Mining Company (93-SC-562-WC). Appellant, John William Campbell, seeks total permanent disability benefits arising out of two work-related injuries. The first injury occurred on December 15, 1987, when Appellant injured his lower back. The second injury occurred on August 24, 1989, when Appellant injured his neck. Prior to December 15, 1987, Mr. Campbell had sustained other work-related injuries while working for South Hopkins Coal Company for which he also received benefits.
Mr. Campbell was fired on May 4, 1990, when he tried to return to work with Sextet, because his employer felt he could no longer perform his job as a result of his injuries. At his hearing, the Administrative Law Judge (ALJ) found Mr. Campbell to be 100% occupationally disabled. As a result, the ALJ awarded Campbell 425 weeks of disability for the 1987 injury under KRS 342.730(1)(b), and awarded him benefits for the 1989 injury pursuant to KRS 342.730(1)(a), for as long as he remains disabled. The Workers' Compensation Board (WCB), the Court of Appeals, and this Court originally affirmed the ALJ's decision. Appellant argues that since both injuries, when combined, rendered him totally disabled, and since both injuries were compensated in a single award, both injuries should have been assigned lifetime benefits under KRS 342.730(1)(a). This case comes again before the Court, now on a granted motion for a rehearing.
The Campbell case has been consolidated with Natico v. Messer (93-SC-1027) and Whittaker v. Messer (94-SC-15) due to their common issue. In Whittaker, Appellee also seeks total permanent disability benefits arising out of two work-related injuries. Appellee, Raymond Messer, first injured his back on December 18, 1986. The ALJ found Messer to have a 50% permanent occupational disability thereafter, and, as in Campbell awarded temporary total disability benefits for 425 weeks pursuant to KRS 342.730(1)(b). On July 7, 1989, Messer again injured his back. The ALJ awarded an additional 50% occupational disability and the award was set for as long as Messer remained disabled.
With facts nearly identical to Campbell, the ALJ found that Messer was 100% disabled due to the combination of the two work injuries. Messer then filed a petition for reconsideration pursuant to KRS 342.281, requesting the ALJ to calculate the award relating to the 1986 injury pursuant to KRS 342.730(1)(a). The ALJ overruled the petition and the WCB affirmed. The Court of Appeals reversed holding that it was an error by the WCB to refuse to combine the two awards and run the benefits at the rate for total disability under KRS 342.730(1)(b). Both Robert L. Whittaker, the acting director of the Special Fund, and Natico, Inc., the employer, appeal to this Court.
Discussion
As noted above, we are presented here with an extremely narrow issue, whether an injured worker may collect total disability benefits under KRS 342.730(1)(a) from combined work- related injuries occurring in different years. We agree with the arguments advanced
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