No. 00-57880 (2002). Reynolds v. Cook and Sons Mining, Inc.

• Case Date: November 13, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-57880 (2002). Reynolds v. Cook and Sons Mining, Inc STUART LEE REYNOLDS PETITIONER vs. COOK AND SONS MINING, INC. and HON. JOHN B. COLEMAN, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: November 13, 2002CLAIM NO. 00-57880APPEAL FROM HON. JOHN B. COLEMAN, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. GARDNER, Member. Stuart Lee Reynolds ("Reynolds") appeals from an opinion and order rendered by Hon. John B. Coleman, Administrative Law Judge ("ALJ"), dismissing his workers' compensation claim against Cook and Sons Mining, Inc. ("Cook and Sons"). Reynolds claimed a work-related cervical and lumbar spine injury in the course of his employment with Cook and Sons. The ALJ found, however, that Reynolds' condition was preexisting and that he failed to prove a work-related injury. On appeal, Reynolds argues the ALJ failed to set forth sufficient findings as to why he found a failure to prove causation of an injury as defined by the Act. Only the facts necessary to determine whether the ALJ made sufficient findings will be reviewed herein. Reynolds, born November 14, 1953, has an eleventh grade education and obtained his GED. He has a varied work history and has been employed in the coal mining industry on and off since 1975. He began working for Cook and Sons on November 14, 2000, performing work on the belt-drive. Reynolds claims work-related injuries occurring on November 30, 2000 and December 8, 2000. Reynolds testified that he began to experience an on-set of burning in both feet while shoveling on the belt-line on November 30, 2000. He sought medical treatment from his family physician, Dr. William Collins, who treated Reynolds for athlete's feet. The burning in his feet continued and on December 8, 2000, again while shoveling a mixture of heavy rock, mud and water on the belt-line, he became nauseated. A couple of days later he began to experience neck and low and mid back pain. Reynolds came under the care of Dr. John W. Gilbert, a neurosurgeon in Lexington, Kentucky. He was treated with medication and underwent an MRI of his neck and low back. Dr. Gilbert diagnosed lumbar pain with radiculopathy, mild bulge at L5-S1, disc rupture at C5-6, cervical strain/sprain syndrome, lumbar strain/sprain syndrome, associated muscle...