No. 03-75808 (2005). Adams v. Dawahares, LLC.

• Court: Kentucky

Kentucky Workers Compensation 2005. No. 03-75808 (2005). Adams v. Dawahares, LLC TROY ADAMS PETITIONER vs. DAWAHARES, LLC and HON. GRANT S. ROARK, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: April 8, 2005 CLAIM NO. 03-75808APPEAL FROM HON. GRANT S. ROARK, ADMINISTRATIVE LAW JUDGEAFFIRMING * * * * * * BEFORE: GARDNER, Chairman; STANLEY and YOUNG, Members. YOUNG, Member. Troy Adams ("Adams") appeals from a decision rendered by Hon. Grant S. Roark, Administrative Law Judge ("ALJ"). The ALJ determined Adams sustained a work-related low back injury on August 9, 2003, while unloading a refrigerator from a delivery truck. The ALJ credited a 5% impairment rating assessed by Dr. Brett Scott, pursuant to the Fifth Edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment, for the low back injury; awarded permanent partial disability ("PPD") benefits; and tripled the PPD benefits pursuant to a finding that Adams did not retain the physical capacity to return to the type of work Adams performed at the time of injury. The ALJ rejected Adams' claim of permanent psychological impairment. Adams contends on appeal, as he did below, that he is permanently and totally disabled. Adams asserts the ALJ's analysis of Adams' claim of entitlement to permanent total disability ("PTD") benefits is flawed because the ALJ viewed Adams' attainment of a high school diploma in an occupationally favorable light. Adams argues that he took special education classes in high school and has a very low level of intellectual functioning. He requests, in the conclusion to his appellate brief, "that the Opinion, Order, and Award of the Administrative Law Judge be reversed and remanded to the Administrative Law Judge with directions to find the Petitioner [Adams] totally disabled in view of the undisputed evidence of his low level of intellectual functioning." We begin our analysis by noting Adams failed to file a petition for reconsideration of the ALJ's decision. To the extent, then, that Adam's appellate argument represents a complaint that the ALJ did not make additional findings, the argument has not been preserved for review. KRS 342.281; Hall's Hardwood Floor Co. v. Stapleton, 16 S.W.3d 327 (Ky.App. 2000). Moreover, Adams had the burden of proving each of the essential elements of his claim, including the extent...