No. 00-85965 (2002). Kidd v. Shiner Ridge Coal Co.

Case DateJanuary 23, 2002
CourtKentucky
Kentucky Workers Compensation 2002. No. 00-85965 (2002). Kidd v. Shiner Ridge Coal Co RUSSELL KIDD PETITIONER vs. SHINER RIDGE COAL COMPANY and HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: January 23, 2002CLAIM NO. 00-85965APPEAL FROM HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE OPINION AND ORDER AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.GARDNER, Member. Petitioner, Russell Kidd ("Kidd"), appeals from a decision of Hon. Roger D. Riggs, Administrative Law Judge ("ALJ"), dismissing a claim seeking benefits for coal worker's pneumoconiosis against the respondent, Shiner Ridge Coal Company ("Shiner Ridge"). On appeal, Kidd argues the ALJ impermissibly relied on the diagnosis and opinion of the university evaluator. Shiner Ridge has not filed an appellate brief. Kidd is presently forty-two years of age and filed his application for resolution of occupational disease claim on March 28, 2001. His testimony demonstrated a seventeen-year history of exposure to coal dust, which last occurred on December 22, 1999. We determine the ALJ's findings regarding the medical evidence are accurate and concise and as we are unable to improve upon them, we adopt the ALJ's finding as our own. Medical evidence in this case comes from Dr. Maha Younce who read an x-ray of April 19, 2000 as 1/1 reflecting evidence of coal workers' pneumoconiosis. Dr. R. Sundarum has read an x-ray of February 5, 2001 as 3/2 and performed pulmonary function studies revealing an FVC of 63% and an FEV1 of 64% of predicted. Dr. Prem Verma, on August 28, 2000, expressed the opinion that Mr. Kidd was unfit for gainful employment due to his medical condition and medication. At that time Dr. Verna [sic] was diagnosing a cardiac condition, chronic obstructive pulmonary disease, hypertension, hyperlepidemia and diabetes. Dr. Bruce Broudy has examined Mr. Kidd and expressed the opinion that x-rays do not suggest coal workers' pneumoconiosis. He said in spite of the abnormal blood gases, the spirometry still exceeds the minimum criteria for disability in coal workers. He said the cause of his hypoxemia was probably multi-factorial. Included in this would be interstitial lung disease and obesity. He said although he has been treated for obstructed airway disease the spirometry showed only restriction. He said though he...

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