No. 00-81222 (2002). Bilt-Rite Homes, Inc. v. Crump.

• Case Date: November 20, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-81222 (2002). Bilt-Rite Homes, Inc. v. Crump BILT-RITE HOMES, INC. PETITIONER vs. BOBBY CRUMP; W. DOUGLAS MYERS; and HON. J. KEVIN KING, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: November 20, 2002CLAIM NO. 00-81222APPEAL FROM HON. J. KEVIN KING, ADMINISTRATIVE LAW JUDGE VACATING AND REMANDING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.STANLEY, Member. Bilt-Rite Homes, Inc. ("Bilt-Rite") appeals from an order issued August 7, 2002, by Hon. J. Kevin King, Administrative Law Judge ("ALJ"), approving an attorney fee in the amount of $6,781.61, payable to Hon. W. Douglas Myers ("Myers"), attorney for the claimant/respondent, Bobby Crump ("Crump"). Bilt-Rite also appeals from an order by the ALJ issued September 6, 2002, denying its petition for reconsideration. Crump was injured while in the employ of Bilt-Rite on June 5, 2000, when he fell approximately seventeen feet from the roof of a house under construction. As a result of the fall, Crump suffered injuries to the heel of his right foot, right ankle, and right lower extremity. Crump subsequently came under the care of Dr. David Bealle, an orthopedic surgeon, who diagnosed him as having a comminuted fracture of the right calcaneus with intra articular displacement, secondary to the work injury. Dr. Bealle performed surgery to repair the fracture on June 12, 2000, which required removal of a portion of Crump's hip bone that was then transplanted into his foot. Dr. Bealle subsequently opined that Crump reached maximum medical improvement one year following surgery. For reasons that are unclear, Bilt-Rite voluntarily continued to pay temporary total disability ("TTD") benefits to Crump from the date of his injury through August 7, 2001 at the rate of $509.03 per week for a total of $32,577.92. Crump filed an Application for Resolution of Injury Claim with the Department of Workers' Claims on January 7, 2002. By order of the Commissioner, Crump's claim was initially assigned to ALJ James L. Kerr, but later transferred to ALJ King for purposes of final adjudication. Evidence submitted for ALJ King's consideration included medical records and reports from Dr. Bealle. On June 13, 2002, ALJ King rendered a decision in Crump's favor. As part of that decision, the ALJ found Crump to be suffering from an 18.75% permanent partial occupational disability. The ALJ also found Crump entitled to an award of TTD benefits in the amount of $411.07 per week from June 6, 2000, through June 12, 2001, based upon the testimony of Dr. Bealle. The ALJ also recognized that Bilt-Rite had voluntarily overpaid TTD benefits to Crump. Based upon our estimated calculations, the overpayment was in the amount of $10,325.76. Recognizing Bilt-Rite's mistake, pursuant to law, the ALJ, as part of Crump's award, granted the petitioner a dollar-for-dollar credit for the overpayment to be taken against past due benefits only. Also based upon our estimated calculations, as of the date of the ALJ's decision...