GARY YATES v. GENERAL CABLE; RONALD MAY, Administrative Law Judge; and WORKERS' COMPENSATION BOARD
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RENDERED:
November 2, 2001; 2:00 p.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
2001-CA-001187-WC
GARY YATES
APPELLANT
PETITION FOR REVIEW OF A DECISION
OF THE WORKERS' COMPENSATION BOARD
ACTION NO. WC-97-60633
v.
GENERAL CABLE; RONALD MAY,
Administrative Law Judge; and
WORKERS' COMPENSATION BOARD
APPELLEES
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
BUCKINGHAM, COMBS, and DYCHE, Judges.
COMBS, JUDGE:
Gary Yates appeals an opinion of the Workers'
Compensation Board (Board) rendered May 2, 2001.
Revised Statutes (KRS) 342.290.
Kentucky
After our review, we affirm.
Yates began working at General Cable in 1994.
His
duties included loading reels of cable onto a forklift for
transport.
back.
On October 24, 1997, he reported an injury to his
He was able to complete the workday, but he sought medical
treatment for the injury the following day.
Yates's family
physician ordered and evaluated an MRI and then referred Yates to
Dr. D'Angelo, who ordered a course of physical therapy.
The
physical therapy proved unhelpful, and Yates eventually underwent
a discectomy and then a revision discectomy and fusion.
Yates
appeared to recover normally and was referred to Dr. Cartia for
pain management treatment.
Yates filed his claim for workers' compensation
benefits on January 7, 2000.
Following a hearing, the
Administrative Law Judge (ALJ) awarded him benefits based upon a
15% permanent, partial disability rating.
The ALJ rejected his
argument that he suffered from disabling back pain.
Before arriving at his findings, the ALJ reviewed the
neurosurgeons' assessments of Yates's physical condition and
considered their inability to account for his continued back
pain.
Dr. Russell L. Travis was convinced that Yates was
magnifying his symptoms to a great degree and assigned a 10%
impairment rating.
The ALJ also surveyed Dr. Cartia's medical records.
These records indicated that Yates was initially prescribed a
relatively low dose of Oxycontin for pain along with an
antidepressant.
Over the following months, however, the
prescription elevated the dosage of Oxycontin steadily.
As the
ALJ noted, Yates has developed a severe chemical dependency.
The only issue raised on appeal concerns Yates's
allegation of bias by the ALJ.
He contends that the ALJ's
findings demonstrate an extreme prejudice against him and
contempt for Dr. Cartia.
He believes that the ALJ's opinion and
award are tainted by partiality.
We disagree.
KRS 342.285 authorizes the Board to reverse an award
that is "characterized by abuse of discretion."
Rather than
discovering a biased animus, we believe that the ALJ's opinion in
this case indicates a genuine concern for the claimant's well-2-
being and rehabilitation in anticipation of a return to work.
It
does not reveal a deep-seated contempt for him or for anyone
treating him.
A presumption of honesty and integrity attaches to
Administrative Law Judges and their decisions.
Having reviewed
the evidence and the ALJ's carefully considered opinion, we are
not persuaded that the ALJ failed to take an objective, unbiased
view of the case as presented.
We have not been able to
ascertain any abuse of discretion.
Based upon the foregoing, the opinion of the Workers'
Compensation Board is affirmed.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE GENERAL
CABLE:
Jackson Watts
Bradley F. Slutskin
Versailles, KY
Walter Ward
Lexington, KY
-3-
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