No. 00-71240 (2002). Hidden Hollow Construction v. Ball.
Case Date | November 13, 2002 |
Court | Kentucky |
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...
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