BILLY WAYNE HENRY v. JERICOL MINING, INC.; WILLIAM O. WINDCHY, the Director of the Special Fund; HON. ZARING P. ROBERTSON, Administrative Law Judge; and THE WORKERS' COMPENSATION BOARD
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RENDERED:
August 30, 1996; 2:00 p.m.
NOT TO BE PUBLISHED
96-CA-0240-WC
BILLY WAYNE HENRY
v.
APPELLANT
PETITION FOR REVIEW UNDER CR 76.25
OF A DECISION OF THE WORKERS' COMPENSATION BOARD
WC-94-19554
JERICOL MINING, INC.;
WILLIAM O. WINDCHY,
the Director of the Special Fund;
HON. ZARING P. ROBERTSON,
Administrative Law Judge;
and THE WORKERS' COMPENSATION BOARD
APPELLEES
OPINION
AFFIRMING
* * * * * * * * * * * * * * * * * * * *
BEFORE:
DYCHE, HOWERTON and SCHRODER, Judges.
HOWERTON, JUDGE.
Billy Wayne Henry petitions for review of an
opinion of the Workers' Compensation Board (Board) rendered on
January 5, 1996.
The Board's opinion affirmed the decision of
the Administrative Law Judge (ALJ), which dismissed Henry's claim
for benefits for back injuries he alleged to have occurred on
three separate occasions while he was employed with Jericol
Mining, Inc.
The ALJ determined that Henry had failed to prove
that a work-related injury occurred on either July 1, 1993, or
February 4, 1994.
Further, the ALJ concluded that although there
was sufficient evidence that an accident did occur on
February 10, 1994, Henry failed to establish that any permanent
physical or psychological disability arose as a result of that
accident.
We affirm the Board's decision.
Henry argues that the medical evidence contained in the
record, when viewed in its totality, compels a decision in his
favor, and that the ALJ's decision was clearly erroneous and
constitutes an abuse of discretion.
The scope of review by this
Court is limited as the second tier of appellate review and we
may not substitute our judgment for that of the ALJ.
KRS
342.290; Western Baptist Hospital v. Kelly, Ky., 827 S.W.2d 685
(1992).
The Board thoroughly and correctly addressed Henry's
issues in its opinion rendered January 5, 1996.
We find no error
and hereby affirm and adopt the Board's opinion as the opinion of
this Court.
ALL CONCUR.
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BRIEF FOR APPELLANT:
BRIEFS FOR JERICOL MINING:
Floyd Allen Lewis
Pineville, KY
Charles W. Berger
Pineville, KY
James R. Carpenter
Lexington, KY
BRIEF FOR SPECIAL FUND:
Joel D. Zakem
Labor Cabinet
Lexington, KY
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