No. 00-00825 (2002). Bond v. Corbin.

• Case Date: April 24, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-00825 (2002). Bond v. Corbin GLEN BOND PETITIONER VS. CORBIN, LTD and HON. W. BRUCE COWDEN, JR., ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: April 24, 2002CLAIM NO. 00-00825APPEAL FROM HON. W. BRUCE COWDEN, JR., ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.STANLEY, Member. Glen Bond ("Bond") appeals from an opinion and order rendered July 27, 2001, by Hon. W. Bruce Cowden, Jr., Administrative Law Judge ("ALJ"), dismissing his claim against the respondents, Corbin LTD ("Corbin") and the Special Fund, for failure to provide due and timely notice pursuant to KRS 342.316(2)(a), effective April 4, 1994, and as being barred by the statute of limitations pursuant to KRS 342.316(4)(a), also effective April 4, 1994. Bond's case involves a claim for benefits due to occupational pneumoconiosis and/or chronic obstructive pulmonary disease. On appeal, Bond raises a variety of issues, all of which were argued previously before the ALJ. First, Bond contends he did, in fact, provide his employer with due and timely notice. Secondly, he contends that as a result of his mixed dust pneumoconiosis and/or chronic obstructive pulmonary disease, the ALJ should have found him to be 100% disabled. Third, Bond contends that his claim was, in fact, filed within the appropriate statute of limitations. Finally, Bond mentions his last date of exposure, last employer, and the extent of his injurious exposure as issues, but does not request any particular relief with regard to these questions. After having thoroughly reviewed the evidence of record and applicable law, we find no merit in any of the issues raised by Bond on appeal and therefore affirm the decision of the ALJ. Bond was born on January 16, 1941, and is a resident of Olive Hill, Carter County, Kentucky. He has a tenth grade education with no specialized or vocational training. Bond has been employed as a mechanic in the clothing manufacturing industry from 1964 through 1995. He entered the employ of Corbin in 1980. Throughout his career as a mechanic, Bond testified he has been regularly exposed to hazardous levels of respirable dusts, fabric fibers, and chemicals. Bond was last exposed to these alleged hazardous fumes and dust particles while at work for Corbin on July 17, 1995. Bond filed an Application for Adjustment of Occupational Disease Claim with the Department of Workers' Claims on July 11, 2000. Thereafter, his case was assigned to ALJ Cowden for final adjudication. During the course of litigation, Bond testified he first learned that he was suffering from some type of industrial respiratory problem in either April or May 2000. He denied at that time that he was ever previously diagnosed with occupational pneumoconiosis or industrial asthma. Nevertheless, the record demonstrates that on July 3, 2000, Bond provided written notice to Corbin, via correspondence...