No. 00-58507 (2002). Sidney Coal Co. v. Thacker.

• Case Date: November 20, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-58507 (2002). Sidney Coal Co. v. Thacker SIDNEY COAL COMPANY PETITIONER vs. MARVIN THACKER and HON. LLOYD R. EDENS, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: November 20, 2002 CLAIM NO. 00-58507APPEAL FROM HON. LLOYD R. EDENS, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Sidney Coal Company ("Sidney Coal") appeals from the decision of Hon. Lloyd R. Edens, Administrative Law Judge ("ALJ"), challenging the award of an additional period of temporary total disability and the assessment of a 30% penalty pursuant to KRS 342.165. Marvin Thacker ("Thacker"), born December 14, 1953, has a high school education and has obtained mine foreman and electrician certificates. His entire work history consists of approximately 25 years in the coal mining industry. Thacker was injured December 1, 2000 while working underground as a section electrician. He was attempting to splice a cable on a continuous miner when a rock fell, striking him. Thacker testified that whenever he went underground he took notice of the roof bolting. He indicated that in this mine he saw bolts that were 5 1/2 to 6 feet apart. At the time of the injury, spot bolting was still being done to correct the problem cited by a Federal inspector on November 30. Thacker indicated there were 6 feet from the last bolts to the rib at the location where he was injured. He testified the bolters were rushed and were often told to work faster. Thacker stated roof bolts are supposed to be 48 inches apart but he noted wide bolt patterns on a regular basis at the mine as well as in the area he was hurt. Thacker also testified the rock that struck him was approximately 5 feet wide and 3 1/2 to 4 feet long and was approximately 6 inches thick. The bolt was still hanging to the mine ceiling after the accident where the rock had pulled away from it. Thacker testified he was carried out of the mine on a backboard and was taken by ambulance to Williamson Memorial Hospital. X-rays were performed and he was treated and released. He treated with Dr. deGuzman but became unhappy with that treatment. Dr. deGuzman prescribed physical therapy but Thacker indicated that made him worse. Thacker has not returned to work since the injury and indicated he continues to have pain in his head and neck as well as into his left upper extremity and also indicated he has low back pain down into the left leg. He is irritable and on occasion becomes angry. He has been using a cane since the injury. Mr. Chris Williamson testified he was the operator of the miner on which Thacker was working at the time of the accident. He testified that a large rock, approximately 4 1/2 feet long by 5 1/2 feet wide fell. Williamson stated he had previously worked as a roof blotter and he did not measure the roof bolts in the section where he and Thacker were working but thought they were wider than 4 feet. Williamson was a contract miner and asked to be put in a different mine because of the condition of the mine. He states ribs were breaking off throughout the mine and "it didn't really look safe." Williamson had seen inspectors give a time limit for spot bolting to correct roof problems. Mr. Billy Slone testified by deposition. He indicated he was a section electrician for Sidney Coal and he finished the splice started by Thacker at the time of his injury. He testified that he and a foreman went to the area of the accident in order to measure the width of the roof bolts. The rock that fell on Thacker was greater than 48 inches wide. He actually helped measure the rock that fell. Williamson indicated the rock fell from an area adjacent to the rib of the mine and the roof bolt was greater than 48 inches from the rib. He did not see any roof bolts hanging following the rock fall. He had seen other roof bolts wider than 48 inches and reported them to the mine foreman. Slone further explained that the area where Thacker was injured was not properly spot bolted. He also indicated the roof bolters were being pushed to bolt faster. He felt the problem was probably related to new roof bolter operators who had trouble getting too wide with bolts. Vernon Blackburn, the mine manager at the time of the injury, testified...