No. 00-85965 (2002). Kidd v. Shiner Ridge Coal Co.
Case Date | January 23, 2002 |
Court | Kentucky |
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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