No. 00-62790 and 99-58578 (2002). Sidney Coal Co. v. Runyon.

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

Kentucky Workers Compensation 2002. No. 00-62790 and 99-58578 (2002). Sidney Coal Co. v. Runyon SIDNEY COAL COMPANY PETITIONER vs. RICKY L. RUNYON and HON. DONNA TERRY, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: March 20, 2002CLAIM NO. 00-62790 and 99-58578APPEAL FROM HON. DONNA TERRY, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.GARDNER, Member. Petitioner, Sidney Coal Company (Sidney Coal), appeals from a decision of Hon. Donna H. Terry, Administrative Law Judge (ALJ), awarding Ricky L. Runyon (Runyon) permanent partial disability (PPD) benefits and permanent total disability (PTD) benefits as a result of a series of traumatic and psychological injuries. On appeal, Sidney Coal argues the PPD award should have been reduced by 50% during the period of time Runyon was employed pursuant to KRS 342.730(1)(c)2. Sidney Coal also argues the award for PTD is not supported by substantial evidence.Runyon is presently forty-one years of age and has worked as a miner in the coal industry for more than twenty-two years. He has been employed with Sidney Coal since 1995. Runyon filed his initial application for resolution of injury claim on July 10, 2000, alleging a twisting injury to his right knee, which occurred on April 14, 1999. Runyon ultimately returned to work; however, unfortunately he sustained a second work-related injury to his back and neck, which occurred on October 1, 2000. Runyon filed a motion to amend his claim to include these injuries, as well as possible psychiatric sequelae. Runyon testified by deposition on two separate occasions and at the final hearing. Runyon stated that at the time of his knee injury he was operating a roof-bolter when he stepped in a hole, slid down and twisted his right knee inward toward the left knee. Runyon returned to work after the knee injury, but worked outside rather than underground. According to Runyon, he underwent surgery in November 1999 and was allowed to return to underground mining in the early part of 2000. Runyon testified he was again injured on October 1, 2000. On that occasion, Runyon was operating a shuttle car, which blew a tire. He sustained neck and low back injuries. Runyon testified that he now suffers from headaches and neck pain, which radiates into both arms. He also experiences numbness and tingling sensation in his arms. Runyon also complained of constant pain in his back and legs, down to his feet. Runyon testified he is treated at Mountain Comprehensive Care Center on a regular basis. He stated he suffers from depression and confusion, which he attributes to intense and constant pain. Runyon testified that he has an eighth grade education and has received a GED, but has never worked at anything other than underground coal mining. Runyon stated he did not believe he could return to mining and knows of no other work he can perform since he can not stand for extended periods of time, stoop, crawl, lift or pull. The medical evidence submitted in support of the parties' respective positions is both extensive and conflicting. Our review of this evidence leads us to the conclusion that the ALJ's summary is accurate and concise and we adopt it as our own. In addition to his physical complaints, Mr. Runyon has developed psychiatric problems and was hospitalized for psychiatric treatment at Williamson ARH Hospital in South Williamson, Kentucky from June 29, 2001 through July 6, 2001. The records of that hospitalization, which were admitted by Sidney as part of its medical fee dispute, show that the hospitalization was for major...