No. 00-65695 (2002). Hembree v. Dow Corning Corp.

• Case Date: June 05, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-65695 (2002). Hembree v. Dow Corning Corp CHRIS HEMBREE PETITIONER vs. DOW CORNING CORPORATION and HON. J. LANDON OVERFIELD, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: June 5, 2002 CLAIM NO. 00-65695APPEAL FROM HON. J. LANDON OVERFIELD, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Chris Hembree ("Hembree") appeals from the decision of Hon. J. Landon Overfield, Administrative Law Judge ("ALJ"), finding him to have a permanent partial disability based upon a 20% impairment rating but further concluding he had failed to sustain his burden of proof to establish an intentional failure on the part of Dow Corning Corporation ("Dow") to comply with a specific safety statute or regulation pursuant to KRS 342.165. Hembree was a process technician at the Dow Carrolton plant. On October 6, 2000, he climbed a "ladder jack" to obtain ID numbers off the top of a large steam generator. As he was attempting to climb down, the handrail on the ladder detached causing him to fall approximately 6 1/2 feet to the floor below. As a result of the fall, Hembree sustained a fracture of the left calcaneus bone and a laceration to the right knee. He was required to undergo surgery, spend time in the hospital and use crutches. He was paid temporary total disability benefits during his time off from October 6, 2000, to November 26, 2000, and also all medical bills were paid. The application for adjustment of claim was filed June 27, 2001. A scheduling order issued from the Department of Workers Claims on July 16, 2001, providing for a benefit review conference on November 7, 2001, and scheduling proof appropriately. Dow filed a Form 111, Notice of Claim Acceptance or Denial, August 16, 2001, reflecting the claim was accepted as compensable but there was a dispute concerning the amount of compensation owed Hembree. During Hembree's proof time, the medical report of Dr. Changaris was submitted as evidence. On October 25, 2001, Dow submitted its stipulations and witness list. On October 31, 2001, Hembree submitted his stipulations and witness list and, for the first time, indicated an issue existed concerning a safety violation by Dow pursuant to KRS 342.165. Also on October 31, 2001, Hembree filed a document...