No. 00-83451 (2002). Frazier v. Sullivan and Cozart.

• Case Date: May 15, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-83451 (2002). Frazier v. Sullivan and Cozart WILLIE D. FRAZIER PETITIONER vs. SULLIVAN and COZART and HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: May 15, 2002CLAIM NO. 00-83451APPEAL FROM HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.STANLEY, Member. Willie Frazier ("Frazier") appeals from a decision rendered February 13, 2002, by Hon. Roger D. Riggs, Administrative Law Judge ("ALJ"), granting the petitioner an award of temporary total disability ("TTD") from May 13, 2000 through December 18, 2000, but dismissing his claim for permanent partial disability benefits against the respondent, Sullivan and Cozart ("S and C"). Frazier argues on appeal that the ALJ erred by refusing to grant him an award of any permanent disability and that the evidence of record compels a finding in his favor. After thoroughly reviewing the evidence of record and the applicable law, we find more than adequate substantial evidence to support the ALJ's determination and therefore affirm. Frazier was born on April 4, 1953 and is a resident of Louisville, Kentucky. He has a high school education and vocational training in plumbing and home improvement. Past relevant work experience includes employment as a maintenance worker at an apartment complex, a factory worker, and a laborer in the construction industry. From 1971 through May 2000 Frazier was employed full-time at the General Electric assembly plant ("GE") in Louisville. In addition to his full-time employment at GE, Frazier also routinely engaged in concurrent employment as a general laborer for various construction companies in the Louisville area, usually obtaining his jobs through the local labor union. He entered the employ of the respondent, S and C, a construction company, in February 2000. Frazier suffered an injury on May 12, 2000 while working for S and C when he was sprayed in the face and eyes with liquid concrete. Immediately following the incident, Frazier was taken to Suburban Hospital in Louisville, Kentucky, where his eyes were flushed and medication and eye patches applied. He was subsequently referred to Dr. Brennan Greene, an ophthalmologist with The Eye Care Institute, Louisville, KY. Dr. Greene continued Frazier on the same treatment for several visits, eventually referring the petitioner to his partner, Dr. John Meyer. Frazier has not returned to work as a construction worker for S and C, as an assembly line worker for GE, or in any other position since the date of the injury. Frazier filed an Application for Resolution of Injury Claim with the Department of Workers' Claims on February 28, 2001. By order of the Commissioner issued March 16, 2001, his claim was assigned to ALJ Riggs for final adjudication. In addition to Frazier's testimony by deposition and at hearing, evidence submitted...