Holland v. Childers Coal Company

384 S.W.2d 293
CourtCourt of Appeals of Kentucky (pre-1976)
DecidedNovember 20, 1964
StatusPublished
Cited by18 cases

This text of 384 S.W.2d 293 (Holland v. Childers Coal Company) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky (pre-1976) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holland v. Childers Coal Company, 384 S.W.2d 293 (Ky. 1964).

Opinions

PALMORE, Judge.

The appellant, Lonnie Holland, sustained a relatively minor physical injury from an accident arising out of and in the course of his employment as a coal loader in a mine. The injury resulted in a permanent functional impairment of approximately 10%. This physical impairment, however, precipitated or “triggered” a psychosomatic mental condition from which Holland was completely (though probably temporarily) disabled and confined in a mental institution at the time the hearing on his workmen’s compensation claim was concluded. He appeals from a judgment confirming an award of the board based on a finding of 20% permanent partial disability.

The scope of our review is to determine whether there was substantial evidentiary basis for the finding of but 20% disability.

At the time of the accident Holland was 49 years of age and, except for unrelated matters of no apparent consequence here, had always been in good health. At about noon on October 9, 1962, while on his hands and knees gathering up loose coal he was struck “around my neck and back plum [294]*294down” by falling slate. He experienced a sensation that “seemed like electric run down my legs and arms. * * * The right leg and arm,” and thought his shoulder was broken. His employer took him home and he did not work any more that day. He returned to the mine and “tried” to work on each of the next three days, remaining throughout the shift, but “was just in the way.” He says he was suffering pain in the back and could not do any lifting.

On October 13, 1962, Holland went to see Dr. Ballard Cassady, a physician and surgeon, at the Methodist Hospital in Pike-ville. Dr. Cassady had X-rays taken of his back (which proved negative) and administered treatment for muscle strain. On October 18 Holland tried again to work at the mine, and stayed all day, but (as he relates it) could not perform and so reported to his employer. His right hand was numb and he had pains in his legs and back “from the neck down.” He returned to Dr. Cas-sady, who then caused his neck to be X-rayed. The neck X-rays disclosed a marked narrowing of the 6th cervical interspace, which to Dr. Cassady indicated strong possibility of a herniated disc. Holland was re-admitted to the hospital and placed in cervical traction from October 26 to November 27, 1962, after which he was released and put in a neck brace, the pain having moderated and the “numbness and tingling” having disappeared.

At this juncture it was Dr. Cassady’s opinion that Holland was “unable to do any type of manual labor,” but he would not estimate the probable duration, because he thought the patient would have to be referred to a neurosurgeon for further examination, diagnosis (by cervical myelogram) and treatment, in the absence of which “his disability could continue indefinitely.”

Meanwhile this compensation proceeding had been filed, and on January 17, 1963, Dr. Ralph Angelucci, of Lexington, a neurosurgeon, examined the claimant in behalf of the defendant employer and “could not determine anything of consequence on clinical examination.’’ Holland was wearing his neck brace and “was helped into the office by his wife,” the reason for which Dr. Angelucci says he does not know, since the patient did not otherwise “demonstrate any problems in locomotion.” He felt that Holland was exaggerating his pain and weakness, since they were not objectively supported except for X-ray findings “which revealed the narrowed interspace which is certainly present in a lot of people without all of this difficulty.”

Dr. Angelucci observed arthritic spurring in the cervical spine. The interspatial narrowing appeared to be of earlier origin than October 9, 1962, but could have occurred at that time. On sensory examination Holland “demonstrated a hypesthesia of the entire right half of the body, including the face.” The possible source or significance of this symptom elicited only the comment, “Of course that is not a neurological problem.” It was Dr. Angelucci’s conclusion that there was not enough indication of a herniated disc to warrant a myelogram.

In view of the X-ray disclosure of a narrowed cervical interspace Dr. Angelucci estimated that Holland has a permanent “impairment in function” of approximately 10% of the body as a whole. Whether this resulted from the injury, a pre-existing arthritic condition, or both, he did not undertake to say. With respect to Holland’s other symptoms, including insensitivity to pin pricks in the right half of his body, the doctor said he was “either faking or emotionally upset.” He would not, however, accuse him of malingering, and admitted that “in view of this man having this multiplicity of problems, his difficulty in walking, his little wife having to help him along, his difficulty in swallowing that would have nothing to do with this problem, the hy-pesthesia of the entire one-half of the body, pain in the small of the back, without any objective findings, and all this multiplicity of complaints,” he is not presently fit for [295]*295employment as a coal miner. His prognosis was as follows:

“I think it is a matter of rehabilitation on this man, make him understand his problem and treat him not only as far as his neck findings are concerned but try to rehabilitate him on his mental attitude or outlook toward life. That would be my feeling about it, with reassurance, psychotherapy and that sort of thing. At least that is the way I would attempt to rehabilitate this man. I think it will be a difficult job, but I think it could be done.”

On the basis of the evidence summarized thus far the referee, expressing difficulty in deciding the case, found a 20% permanent partial disability from the injury but suggested that the board have the claimant examined further by a disinterested physician. The referee’s opinion was rendered September 17, 1963, at which time the latest information in the record was Dr. Angeluc-ci’s testimony from the physical examina-tion conducted by him on January 17, 1963.

On November 7, 1963, pursuant to KRS 342.315, the board appointed Dr. T. Roth-rock Miller, an orthopedic surgeon, to examine the claimant. In the meantime Holland’s physical condition had remained unimproved and his mental condition had deteriorated badly. Recalled for supplementary testimony, Dr. Cassady reported that on November 20, 1963, he “was now unable to feed himself, or dress himself, and is practically a bed patient, and in the office he was very restless and agitated. He was noncommunicative and attempt to examine him was done, and only a superficial examination could be done because of inability of the patient to cooperate. * * * He was still wearing his neck brace when seen on the 20th,” etc.

On the date of the last examination by Dr. Cassady, November 20, 1963, Holland was committed on a certificate of the county health officer to Eastern State Hospital for observation, and he was a patient at that institution when taken to Dr. Miller’s office for examination on December 17, 1963.

Dr. Miller found the patient "so withdrawn that it was impossible to obtain any history from him and it was only with extreme difficulty that any comment at all could be extracted from him. * * * He sat quietly, saying nothing, continually picking at the hair over his left temple with his left hand,” and had picked a bald spot on his head. The only objective findings Dr.

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Holland v. Childers Coal Company
384 S.W.2d 293 (Court of Appeals of Kentucky (pre-1976), 1964)

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Bluebook (online)
384 S.W.2d 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holland-v-childers-coal-company-kyctapphigh-1964.