R.J. Corman Railroad Construction v. Haddix

864 S.W.2d 915, 1993 Ky. LEXIS 168, 1993 WL 481989
CourtKentucky Supreme Court
DecidedNovember 24, 1993
DocketNos. 93-SC-269-WC, 93-SC-301-WC
StatusPublished
Cited by9 cases

This text of 864 S.W.2d 915 (R.J. Corman Railroad Construction v. Haddix) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
R.J. Corman Railroad Construction v. Haddix, 864 S.W.2d 915, 1993 Ky. LEXIS 168, 1993 WL 481989 (Ky. 1993).

Opinion

OPINION OF THE COURT

Claimant was injured while taking out a railroad crossing when he was struck from behind by a tamping machine. In his Form 101 application for adjustment of claim he indicated injuries to his right ribs, right side of face, L3-L4 back injury, and concussion. Through medical testimony it was suggested that claimant may also have developed a psychological problem as the result of the accident.

In an opinion rendered March 29,1991, the Administrative Law Judge (ALJ) awarded temporary total disability benefits and medical benefits but dismissed the claim for permanent occupational disability on the grounds that claimant had not sustained an injury of appreciable proportions. Regarding the psychological aspect of the claim, the ALJ summarily concluded that any psychological problems were not part of this claim and that there was no indication that they were particularly work-related.

There are three issues in this case: (1) whether the ALJ made sufficient findings of fact, (2) whether the ALJ properly relied upon a disputed medical report, and (3) whether the employer waived any objection to the payment of medical bills not challenged within 30 days.

The Board summarized its holding as follows:

We conclude that the finding by the ALJ that Haddix’ psychological problems were not part of his claim, nor were they work-related was error in the face of uneontra-dicted medical evidence to the contrary. We further conclude that the admission by the ALJ, of the “Brooks/Bean” letter report as evidence was in contradiction of 803 KAR 25:011, Section 13(3). Lastly, we conclude that the 30-day time period for the payment of medical bills submitted under KRS 342.020(1) apply at any time following a work-related injury, during litigation of a claim, and to post-award disputes.

The Board reversed and remanded the claim to the ALJ for a determination of occupational disability, if any, resulting from Haddix’s psychological claim, and for a determination of which medical bills were submitted to the employer that were not challenged or paid within 30 days of receipt of same.

The Court of Appeals affirmed the decision of the Board citing Western Baptist Hospital v. Kelly, Ky., 827 S.W.2d 685 (1992).

Claimant failed to make a specific allegation of a psychological condition on the initial application, and the ALJ simply stated that although from “some of the evidence, it is suggested that plaintiff may be having some psychological problems, ... these are not part of the claim and there is no indication that they are particularly work-related.” The Board concluded, however, that the ALJ’s failure to address uncontradicted medical and lay evidence of claimant’s psychological condition constituted a compelling reason to reverse. The Board noted, citing Equitable Bag Company v. Hamblin, Ky.App., 478 S.W.2d 722 (1972), that strict rules of construction are not required in Kentucky Workers’ Compensation proceedings, and therefore any claim for a psychological condition had not been waived.

On appeal to this Court, the employer, R.J. Corman Railroad Construction (Corman), notes that in reversing the ALJ the Board stated that the evidence was “clearly contradictory” to the conclusion reached by the ALJ. Because the test on appeal for a losing claimant is whether or not the evidence compelled a different result, Roberts v. Estep, Ky., 845 S.W.2d 544 (1993), Corman insists that the Board employed an incorrect standard of review.

The Board stated that it agreed with claimant’s position that “the ALJ’s failure to address uncontradicted medical and lay evi[917]*917dence of his psychological condition constitutes a compelling reason to reverse the ALJ’s decision.” We think it is clear from the Board Opinion that it believed the ALJ’s failure to address the evidence regarding claimant’s psychological condition compelled a different result or at least compelled some explanation by the ALJ, and therefore the Board remanded for reconsideration and a determination based on that evidence.

Claimant submitted the testimony of Dr. Cornett who stated that claimant was 50% functionally impaired due to a post-traumatic psychoneurosis with stress syndrome and anxiety. Also, Dr. Mackenhauser ascribed an additional 3% functional impairment due to anxiety, depression, and sleep disturbance as the result of head trauma, pain, and anxiety about the job situation. The ALJ included this testimony in her lengthy summary of the medical evidence, but never elaborated on her finding that any psychological problems were noncompensable.

Claimant’s petition for reconsideration requested further findings regarding this evidence. We agree with the Board that further explanation is justified. It is unclear whether the ALJ believed that a claim for a work-related psychological condition was un-perfected and therefore not properly before her, or whether there was simply insufficient evidence to support an award on that basis. Because there is at least some evidence on this point and it was addressed to some degree in claimant’s brief or reply brief before the ALJ, we agree that a more thorough discussion is warranted and therefore the Board’s decision to remand was proper.

In dismissing the claim for permanent disability benefits, the ALJ stated that she found the testimonies of Drs. Primm and Brooks and/or Bean more persuasive than claimant’s evidence. There was a discrepancy regarding the Brooks/Bean report submitted by the employer because it bore a stamped signature of Dr. Brooks although claimant testified that he had been seen by Dr. Bean. KRS 342.033 permits the introduction of written medical reports and directs the Board to promulgate administrative regulations prescribing the format and content of written medical reports. 803 KAR 25:011 § 13(3) provides that any written medical report “shall be signed by the physician making the report, bearing an original signature. A reproduced medical report which is not originally signed is not admissible as evidence unless accompanied by an originally signed affidavit from the physician or the submitting attorney verifying the contents of the report.” Because the Brooks/ Bean report did not comply with the regulation, the Board held that it should not have been considered by the ALJ.

Corman maintains that it was not reversible error for the ALJ to rely upon the Brooks/Bean report, even though it was unclear which physician actually examined claimant and which physician actually completed the report, since both doctors are Board-certified neurosurgeons who are in practice together. The regulation provides that medical reports “shall” be signed by the physician making the report. A reproduced medical report which is not originally signed is not admissible as evidence unless accompanied by an originally signed affidavit from the physician or the submitting attorney verifying the contents of the report. 803 KAR 25:011 § 13(3).

It is clear from the regulation that the goal is to correctly identify the examining physician. We do not believe this requirement is too stringent.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Daniel Farley v. P&P Construction, Inc.
Kentucky Supreme Court, 2023
P&P Construction, Inc v. Daniel Farley
Court of Appeals of Kentucky, 2022
Letcher County Board of Education v. Roger Hall
Court of Appeals of Kentucky, 2022
Cedar Lake Park Place v. Penny Berry
Kentucky Supreme Court, 2021
Steven Hornung v. Hometown Hauling Co., Inc.
Court of Appeals of Kentucky, 2021
James Halcomb v. American Mining Company
Kentucky Supreme Court, 2016
Speedway/Super America v. Elias
285 S.W.3d 722 (Kentucky Supreme Court, 2009)
speedway/super America v. Mazen Elias
Kentucky Supreme Court, 2009

Cite This Page — Counsel Stack

Bluebook (online)
864 S.W.2d 915, 1993 Ky. LEXIS 168, 1993 WL 481989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rj-corman-railroad-construction-v-haddix-ky-1993.