PIERCE A. WILLIS v. PEABODY COAL COMPANY; HON. SHEILA C. LOWTHER, CHIEF ADMINISTRATIVE LAW JUDGE FOR THOMAS NANNY (DECEASED); KENTUCKY WORKERS' COMPENSATION BOARD and PEABODY COAL COMPANY v. PIERCE A. WILLIS; HON. SHEILA C. LOWTHER, ADMINISTRATIVE LAW JUDGE FOR THOMAS NANNY (DECEASED); KENTUCKY WORKERS' COMPENSATION BOARD
Annotate this Case
Download PDF
RENDERED: July 19, 2002; 10:00 a.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
2002-CA-000748-WC
PIERCE A. WILLIS
v.
APPELLANT
PETITION FOR REVIEW OF A DECISION
OF THE WORKERS' COMPENSATION BOARD
ACTION NO. WC-01-00308
PEABODY COAL COMPANY;
HON. SHEILA C. LOWTHER, CHIEF ADMINISTRATIVE
LAW JUDGE FOR THOMAS NANNY (DECEASED);
KENTUCKY WORKERS' COMPENSATION BOARD
AND
CROSS-APPEAL NO. 2002-CA-000811-WC
PEABODY COAL COMPANY
v.
CROSS-APPELLANT
PETITION FOR REVIEW OF A DECISION
OF THE WORKERS' COMPENSATION BOARD
ACTION NO. WC-01-00307, WC-01-00308 & WC-99-99138
PIERCE A. WILLIS;
HON. SHEILA C. LOWTHER, ADMINISTRATIVE
LAW JUDGE FOR THOMAS NANNY (DECEASED);
KENTUCKY WORKERS' COMPENSATION BOARD
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
APPELLEES
BARBER, HUDDLESTON, AND MILLER, JUDGES.
CROSS-APPELLEES
MILLER, JUDGE: Pierce Willis asks us to review an opinion of the
Workers' Compensation Board (Board) rendered March 13, 2002.
Kentucky Revised Statutes (KRS) 342.290.
cross-appeal.
Peabody Coal files a
We affirm on both appeal and cross-appeal.
Willis worked for Peabody Coal as an underground miner
for a period of twenty-seven years, largely as a mechanic.
last day of employment was February 16, 2000.
His
After this, he
filed a claim for workers' compensation benefits alleging he
suffered (1) a hernia on October 15, 1998, (2) a cumulative knee
injury, and (3) a cumulative hearing loss.
The matter came on
for hearing before the Administrative Law Judge (ALJ).
A modest
award was made for the hernia condition, but the ALJ dismissed
the claims for knee disability and hearing loss as lacking timely
notification pursuant to KRS 342.185.
On appeal to the Board,
the Board affirmed the ALJ's dismissal of the claim for knee
injury, but remanded upon the claim of hearing loss.
This
precipitated the appeal by Willis for the knee injury, and a
cross-appeal by Peabody from the remand on the loss of hearing
claim.
On appeal, Willis maintains the Board erred in
determining Peabody was not given sufficient notice of his workrelated knee injury.
Upon review of the record, we perceive
little to support Willis' position.
The record is clear that he
was advised at least as early as 1997 that he was suffering from
work-related knee injury.
As such, we believe the Board did not
err in determining Willis did not provide sufficient notice of
his work-related knee injury.
-2-
On cross-appeal, Peabody asserts the Board erred in
remanding Willis' hearing loss claim for specific determination
of “whether, under the circumstances, a three-week delay [in
giving notice] is excusable.”
The Board concluded that Willis
gave notice some three weeks after manifestation of disability.
Peabody contends that Willis' hearing loss claim is time barred.
Peabody avers Willis was aware of his work-related
hearing loss some fifteen years ago.
In support of this
contention, Peabody points to a consultation Willis had with an
attorney concerning hearing loss.
Peabody argues that the
attorney would not have discussed hearing loss had there not been
“some type of medical opinion” rendered to Willis that the
hearing loss was work-related.
We think the record is not clear
as to whether Willis provided Peabody with “due and timely”
notice of this impairment.
Thus, we believe the Board
appropriately remanded the hearing loss claim for determination
of whether he gave due and timely notice.
Upon examination of the record as a whole, we perceive
no basis for reversal.
See Western Baptist Hospital v. Kelly,
Ky., 827 S.W.2d 685 (1992).
For the foregoing reasons, the decision of the Workers'
Compensation Board is affirmed.
ALL CONCUR.
-3-
BRIEFS FOR APPELLANT/CROSSAPPELLEE:
BRIEF FOR APPELLEE/CROSSAPPELLANT, PEABODY COAL
COMPANY:
Randall L. Hardesty
Madisonville, Kentucky
Walter Harding
Philip J. Reverman, Jr.
Louisville, Kentucky
-4-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
