No. 00-00951 (2002). Island Fork Construction v. Williams.

• Case Date: October 09, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-00951 (2002). Island Fork Construction v. Williams ISLAND FORK CONSTRUCTION, LTD. PETITIONER vs. GARY D. WILLIAMS and HON. J. KEVIN KING, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: October 9, 2002 CLAIM NO. 00-00951APPEAL FROM HON. J. KEVIN KING, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Island Fork Construction, Ltd. ("Island Fork") appeals from the decision of Hon. J. Kevin King, Administrative Law Judge ("ALJ"), finding Gary D. Williams ("Williams") to have a 15% impairment as the result of an injury to his cervical spine, finding Williams has right carpal tunnel syndrome which was related to his work at Island Fork and, finally, concluding the evidence supported a finding that Williams lacked the physical capacity to return to his prior work. On appeal Island Fork limits its arguments to addressing the ALJ's conclusion as to the work-relatedness/causation of the carpal tunnel syndrome and the ALJ's conclusion of Williams lacking the physical capacity to return to his prior work and, thus, enhancing benefits in accordance with KRS 342.730(1)(c)1. Although arguing otherwise, it is clear Island Fork wishes us to reweigh and re-evaluate the evidence and ultimately reach a different factual conclusion than did the ALJ. That is neither our authority nor our desire. See KRS 342.285; Smyzer vs. B. F. Goodrich Chemical Co., Ky., 474 SW2d 367 (1971) and McCloud vs. Beth-Elkhorn Corp., Ky., 514 SW2d 46 (1974). Williams is a relatively young man who has been engaged in underground mining activities off and on since 1988. He had previously sustained a low back injury which resulted in a workers' compensation claim. He had previously worked for Island Fork and on this occasion began working there in 1999. On September 13, 1999, Williams was building brattices. He was lifting block with his right hand and experienced a sharp pain in the neck which ran down his right arm and into his chest. He immediately reported the incident and did not perform any additional work that day. He apparently was seen in the emergency room shortly thereafter and was told to follow-up with his family physician. Since the injury, Williams has attempted to return to work on two or three occasions, although he...