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Auburn Hosiery Mills5/19/2005
t he brought his medical bills to the individual who handled insurance matters and that he inquired about disability benefits, but the employer refused to pay them. Under the circumstances, it was reasonable for the ALJ to infer that the employer knew the reason for the claimant's absence from work and to conclude that its refusal to pay TTD coupled with its failure to comply with KRS 342.040(1) tolled the period of limitations and rendered the claimant's application timely.
Contrary to the employer's assertion, Mengel v. Hawaiian-Tropic Northwest & Central Distributors, Inc., 618 S.W.2d 184, 186-87 (Ky. App. 1981), does not require that the finding of causation be reversed. In Men el, the finding was reversed because it was based upon the fact-finder's own observations and contrary to all of the medical evidence. Nothing in Mengel prohibits a fact-finder from making reasonable inferences that are consistent with the medical evidence. When considered in chronological order, the records from Drs. Fee, Olson, and Chou provide substantial evidence from which the ALJ could reasonably conclude that the claimant sustained an injury on April 23, 2000; that the injury caused a herniated disc, necessitated the two surgeries, and left the claimant with a 13% impairment; and that the subsequent events exacerbated the injury, causing symptoms but no new injury.
The decision of the Court of Appeals is affirmed.
All concur.
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