No. 00-75425 (2002). Fairbanks Coal Co., Inc. v. Collins.

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

Kentucky Workers Compensation 2002. No. 00-75425 (2002). Fairbanks Coal Co., Inc. v. Collins FAIRBANKS COAL COMPANY, INC. PETITIONER vs. RUDELL G. COLLINS and HON. BONNIE C. KITTINGER, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: June 5, 2002CLAIM NO. 00-75425 APPEAL FROM HON. BONNIE KITTINGER, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Fairbanks Coal Company, Inc., ("Fairbanks") appeals from the decision of Hon. Bonnie C. Kittinger, Administrative Law Judge ("ALJ"), finding Rudell G. Collins ("Collins") to have a 25% functional impairment as the result of a work-related injury sustained by him on July 24, 2000. Fairbanks believes the ALJ failed to make sufficient findings to support her conclusion, believes the credible evidence does not establish an injury as that is presently defined, believes the ALJ erred in picking from parts of various witnesses testimony, believes the ALJ substituted her medical judgement for that of the expert witnesses, and generally believes the ALJ picked the wrong witnesses to rely upon. On July 24, 2000, Collins was operating a dozer for Fairbanks when he apparently uprooted a tree, throwing the dozer off balance, pitching him up in the air and back down against the seat. It was such a great force that bolts on the back of the dozer seat were broken according to his testimony. He injured his back and neck and allegedly developed psychological problems as a result of this event and its bringing to light an occurrence of approximately five years previously in which a friend of his was killed and he allegedly witnessed the incident. According to Collins' testimony, immediately after the incident he saw a chiropractor and then his family physician, Dr. Breeding. He continues to complain of neck and back pain as well as flashbacks to the incident, fear of operating a dozer, anxiety and generally believes he could not engage in any working activities. He continues to be seen and treated both physiologically and psychologically. The medical evidence comes from Drs. Van Breeding, Ashok Jain, William Brooks, Christa Muckenhausen, David Shraberg and Thomas Menke. Since the ALJ provided a sufficient summarization of the medical testimony as it relates to the instant action, we adopt it herein by reference as follows: 3. Immediately after the claimed injury, plaintiff saw his family physician, Dr. Van S. Breeding. Dr. breeding referred plaintiff to Dr. Ashok Jain, because of flashbacks, which plaintiff described as relating back to an injury in 1996 when a relative and co-worker was injured on a dozer near him and later died from the injuries. According to Dr. Breeding's August 2, 2000, notes, plaintiff stated that he was working on a dozer which almost flipped over, injuring his neck. Plaintiff was now having post traumatic stress, lots of crying, anxiety, depression, and neck pain. In October of 2000, Dr. Breeding also referred plaintiff to Dr. William Brooks, a neurosurgeon, because of persistent neck pain and headaches. Dr. Breeding continued to see plaintiff for the persistent neck and back pain, headaches, anxiety and depression 4. As defendant has pointed out, Dr...