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Nicholson v. American Greeting Cards4/22/2005
v. Beth-Elkhorn Corporation, 514 S.W.2d 46, (Ky.App. 1974), this Court reviewed a similar case involving the opinions of nine physicians. The ALJ accepted the opinions of three physicians and chose not to follow the contradictory opinions of the other six. Id. This Court found that the issue was not whether the opinions of the three should have been more persuasive than those of the six that were not accepted. Id.at 47. The only issue was whether the opinions of the three doctors provided a "firm basis" for the conclusions of the finder of fact. Id.
Whether or not this Court would have reviewed the evidence in the same way as the ALJ is irrelevant. As noted in Three Point Coal Co. v. Moser, 298 Ky. 868, 875; 184 S.W.2d 242, 245 (Ky. 1944), even if a reviewing court disagrees with the findings of an ALJ, it cannot overturn its opinion unless the evidence used is not substantial. The Court wrote:
We must admit that the proof upon which the Board made its finding... is not of the most satisfactory character, yet we are bound by our well recognized rule, to the effect that if there is any evidence of a substantial probative nature tending to support the Board's conclusion, this court is without authority to substitute its findings of fact for that of the Board. Id. The evidence relied upon by the ALJ was substantial in this case. The decision of the Board is affirmed.
ALL CONCUR.
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