No. 00-00346 and 85-08999 (2002). Appalachian Regional Healthcare v. Looney.

Case DateNovember 13, 2002
CourtKentucky
Kentucky Workers Compensation 2002. No. 00-00346 and 85-08999 (2002). Appalachian Regional Healthcare v. Looney APPALACHIAN REGIONAL HEALTHCARE PETITIONER VS. PATRICIA LOONEY; WORKERS' COMPENSATION FUNDS (SUCCESSOR TO THE SPECIAL FUND) and HON. IRENE STEEN, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: November 13, 2002CLAIM NO. 00-00346 and 85-08999APPEAL FROM HON. IRENE STEEN, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.STANLEY, Member. Appalachian Regional Health Care ("ARH") appeals from an order on remand rendered July 22, 2002, by Hon. Irene Steen, Administrative Law Judge ("ALJ"). In that order, pursuant to the Board's instructions, the ALJ made additional findings of fact to support the conclusion drawn in her opinion and award on reopening rendered October 20, 2000, that Patricia Looney ("Looney") has a 75% permanent total disability as a result of an increase in occupational disability due to a worsening of her physical and psychiatric conditions arising out of a work-related injury that occurred on February 7, 1985. ARH asserts that the ALJ did not follow the directives issued in this Board's decision of February 21, 2001. Therein, the ALJ was instructed to clarify the inconsistency in her findings of fact relative to the occurrence and impact of a work-related incident alleged on April 3, 1998, and her reliance on the report of Dr. Ludwig, whose opinion on causation and apportionment assumed the occurrence of a new injury on that date. The ALJ was further directed to provide a factual analysis of whether Looney had experienced a change in her physical condition producing an increase in occupational disability, as is required under the law governing the reopening of a 1985 injury claim. This Board's decision was appealed by Looney to the Court of Appeals which rendered an opinion and order on August 31, 2001, dismissing the petition as being from an award that was not yet final and appealable. The matter was then remanded to the ALJ, who again concluded that Looney is permanently and totally disabled and that 75% of her disability is the result of her 1985 work-related injury and subsequent worsening. On remand, the ALJ reviewed the evidence that supports this conclusion and, in our opinion, adequately clarified her previous findings as to apprise the parties of the basis for her decision. We have previously summarized the evidence of record bearing on the issues raised by ARH in our earlier decision and re-adopt and incorporate them by reference for purposes of this second appeal. On remand, the ALJ found as follows: This ALJ found that Plaintiff had sustained an injury in 1985, which involved both a back claim and a psychiatric claim, and for which Plaintiff was awarded a 30% occupational disability. Over the years Plaintiff experienced various...

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