No. 00-71259 (2002). Bledsoe Coal Co. v. Hensley.
Case Date | May 08, 2002 |
Court | Kentucky |
Kentucky Workers Compensation
2002.
No. 00-71259 (2002).
Bledsoe Coal Co. v. Hensley
BLEDSOE COAL
COMPANY PETITIONER vs. FREDDIE HENSLEY and HON. ROGER D. RIGGS, ADMINISTRATIVE
LAW JUDGE RESPONDENTSOPINION ENTERED:
May 8, 2002
CLAIM NO. 00-71259APPEAL
FROM HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE AFFIRMING
* * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.GARDNER, Member. Petitioner,
Bledsoe Coal Company (Bledsoe), appeals from an opinion and award rendered by
Hon. Roger D. Riggs, Administrative Law Judge (ALJ), awarding the respondent,
Freddie Hensley (Hensley), permanent partial disability benefits for a low back
injury and applying the 3 modifier provided for in KRS 342.730(1)(c)1. and the
.2 modifier provided for in KRS 342.730(1)(c)3. On appeal, Bledsoe contends it
was error for the ALJ to apply the 3 modifier because the evidence is
uncontested that Hensley returned to the same "type of work" he was performing
at the time of the injury. Bledsoe also contends Hensley has acquired a GED and
is therefore not entitled to the .2 modifier applicable to those claimants with
limited education. The facts in this claim are relatively simple and for the most
part undisputed. Hensley filed his application for resolution of injury claim
on June 14, 2001, alleging an injury to his back on August 24, 2000. Hensley
testified that while handling a five-gallon can of oil he slipped and fell,
twisting his back. Hensley testified that his job classification at Bledsoe was
that of a section foreman. Hensley stated that prior to his employment with
Bledsoe he worked for Trinity of Virginia as a section foreman. In his capacity
with that employer, he was not required to operate machinery and the position
was purely supervisory and to "make sure everybody done what they was told to
do." While employed at Bledsoe as a section foreman, he stated he was required
to operate machinery. Additionally, he testified that his crew was almost
always short-handed and there was seldom a day that he was not involved in
manual labor. Hensley stated that while at Bledsoe he worked in forty-eight
inch coal, which required him to walk while bending over or to crawl. Hensley
stated that after his injury he was ultimately allowed to return to work but
his job resulted in significant pain. Hensley stated that he was ultimately
terminated but he is presently employed by North Point Energy as a section
foreman. Hensley stated this job is in coal of sufficient height allowing him
to stand up. He also...
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