No. 00-00538 (2002). Hall v. Sister Bear Mining.

• Case Date: April 03, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-00538 (2002). Hall v. Sister Bear Mining VERNIS HALL PETITIONER VS. SISTER BEAR MINING; BIG I MINING, INC. and HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: April 3, 2002CLAIM NO. 00-00538APPEAL FROM HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. STANLEY, Member. Vernis Hall ("Hall) appeals from an opinion and order rendered by Hon. Roger D. Riggs, Administrative Law Judge ("ALJ"), dismissing his claim for benefits due to alleged repetitive trauma to his back, knee, and neck against the respondents, Sister Bear Mining ("Sister") and Big I Mining ("Big I"). The ALJ dismissed Hall's claim for failure to prove he had sustained any occupational disability or impairment as a result of his employment with either respondent. On appeal, Hall argues the ALJ erred in determining he failed to grant him an award. Hall contends that the overwhelming evidence of substance from Dr. James Templin compels a finding by the ALJ that he is totally occupationally disabled. Having thoroughly reviewed the evidence of record and applicable law, we find no merit in Hall's arguments. We, therefore, affirm the decision of the ALJ. Hall was born September 23, 1948, and has a high school education. His past relevant work experience consists of approximately twenty-five years as an underground coal miner. Hall was employed by Big I from August 1999 until December 1, 1999. He then subsequently worked for Sister from December 1, 1999 until December 17, 1999. Hall testified he had never experienced a specific traumatic injury but that on December 17, 1999, he became unable to continue working due to back and knee pain and numbness in his hands. He has not worked anywhere since that time. Hall filed an Application for Resolution of Injury Claim with the Department of Workers' Claims on May 3, 2000, against Sister. The claim was assigned to ALJ Riggs for final adjudication. On October 3, 2000, Hall moved to amend his application to add Big I as a defendant and by order dated November 29, 2000, the ALJ sustained Hall's motion. A final hearing was held September 24, 2001, and by opinion rendered November 6, 2001, the ALJ dismissed Hall's claim. Hall filed a petition for reconsideration on November 20, 2001 alleging the ALJ made a patent error in his award by not finding he had sustained any occupational disability. He also alleged the ALJ erred as a matter of law by failing to find 100% occupational disability. Hall's petition for reconsideration was overruled by the ALJ on December 14, 2001. Hall now appeals from the order overruling his petition for reconsideration, as well as the ALJ's opinion and dismissal of his claim. Hall testified, both by deposition and at the final hearing. In addition to his own testimony, Hall submitted evidence for the ALJ's consideration consisting of medical reports and testimony from Dr. James Templin. Dr. Templin performed an independent medical evaluation of Hall on June 2, 2000. Following his examination, he diagnosed Hall as suffering from...