No. 00-71240 (2002). Hidden Hollow Construction v. Ball.

Case DateNovember 13, 2002
CourtKentucky
Kentucky Workers Compensation 2002. No. 00-71240 (2002). Hidden Hollow Construction v. Ball HIDDEN HOLLOW CONSTRUCTION PETITIONER vs. DONALD RAYMOND BALL and HON. RONALD JOHNSON, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: November 13, 2002 CLAIM NO. 00-71240APPEAL FROM HON. RONALD JOHNSON, ADMINISTRATIVE LAW JUDGE OPINION AND ORDER DISMISSING AND REMANDING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.GARDNER, Member. Petitioner, Hidden Hollow Construction ("Hidden Hollow"), appeals from an opinion and order of Hon. Ronald Johnson, Administrative Law Judge ("ALJ"), placing the claim of respondent, Donald Raymond Ball ("Ball"), in abeyance and referring Ball for a university evaluation pursuant to Kentucky Revised Statute (KRS) 342.315. Because we believe the ALJ's order is non-final and therefore non-appealable, we must dismiss Hidden Hollow's appeal. Ball filed an Application for Resolution of Injury Claim on December 18, 2001, specifically alleging a work-related accident that occurred on August 24, 2000. Ball, in his application and in his testimony by deposition and at the final hearing, indicated that he fell into an eight-foot trench, injuring his right shoulder, neck and back. On October 30, 2000, Ball's right shoulder was surgically repaired. As part of Ball's evidence in chief, he produced medical testimony assessing a 19% whole body functional impairment rating, attributable to the August 24, 2000 work-related shoulder injury. Hidden Hollow produced the medical evidence of a 2% functional impairment rating. Some eight months later, Ball made his first complaints of back pain to a physician. Diagnostic testing was performed and, on deposition, causation testimony was adduced. There is, however, no testimony or medical reports assessing an impairment rating for either the back or neck condition. Hidden Hollow took the discovery deposition of Ball, and during his testimony established that upon his return to work post-surgery, he was involved in two work-related truck roll-overs that occurred in February and May of 2001. According to Ball, these accidents produced worsened pain in his back and neck. No first reports of injury were ever filed on account of these incidents, and at no time prior to Hidden Hollow's notice of appeal did he seek leave to amend his application or file additional claims...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT