ROBERT SPURLIN, Director of the Special Fund v. LENARD KINCAID; BROOKVIEW FARM; SHEILA LOWTHER, Administrative Law Judge; and the WORKERS' COMPENSATION BOARD
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RENDERED: August 2, 1996; 2:00 p.m.
NOT TO BE PUBLISHED
96-CA-1094-WC
ROBERT SPURLIN, Director of
the Special Fund
APPELLANT
PETITION FOR REVIEW OF A DECISION OF
THE WORKERS' COMPENSATION BOARD
CLAIM NO. 94-52130
v.
LENARD KINCAID; BROOKVIEW FARM;
SHEILA LOWTHER, Administrative Law Judge;
and the WORKERS' COMPENSATION BOARD
*
BEFORE:
APPELLEES
OPINION AFFIRMING
* * * * * *
Combs, Gardner, and Gudgel, Judges.
Gudgel, Judge.
This is a petition for review from an opinion of
the Workers' Compensation Board rendered on March 22, 1996,
affirming an opinion and award of an administrative law judge
(ALJ).
The appellee, Lenard Kincaid, filed an application for
benefits following a work-related injury to his back.
The ALJ
determined the appellee is 20% occupationally disabled, and
apportioned half of the ensuing liability to the appellee,
Brookview Farm, and the other half to the appellant, Special
Fund.
The Fund subsequently appealed the ALJ's decision to the
Workers' Compensation Board (Board) contesting the propriety of
the ALJ's apportionment of liability.
The Board affirmed the
ALJ's decision, and this petition for review followed.
The appellant maintains that the evidence is not sufficient
to support the ALJ's finding that any pre-existing condition was
aroused into disabling reality thereby resulting in Special Fund
liability.
The Fund argues alternatively that the ALJ's finding
apportioning liability against the Special Fund are inadequate.
We disagree with the Fund's contentions.
As the Board noted, Dr. Snider clearly indicated that
Kincaid's condition was partially attributable to the arousal of
pre-existing degenerative disc disease.
This testimony
constitutes substantial evidence which clearly supports the ALJ's
decision to apportion liability to the Special Fund.
342.120.
KRS
See Wells v. Phelps Dodge Magnet Co., Ky. App., 701
S.W.2d 411 (1985);
Smyzer v. Goodrich Chemical Co., Ky., 474
S.W.2d 367 (1971).
Furthermore, a review of the record establishes that the ALJ
did, in fact, make sufficient and adequate findings in support of
her decision.
See Shields v. Pittsburgh and Midway Coal Mining
Co., Ky. App., 634 S.W.2d 440 (1982).
The ALJ expressly found
that Dr. Snider concluded that a portion of Kincaid's disability
was attributable to the arousal of pre-existing disc disease.
There is no medical proof to the contrary.
See Commonwealth of
Kentucky v. Workers' Comp. Bd. or Ky., Ky. App., 697 S.W.2d 540
(1985).
Actually, the Special Fund's arguments in this vein go
-2-
to the weight of the evidence an issue which this court has no
authority to address.
The decision of the Workers' Compensation Board is affirmed.
ALL CONCUR.
Petition for Appellant:
Joel Zakem
Louisville, KY
Response for Appellee
Brookview Farm:
Dawn S. Logsdon
Barbara B. Wills
Vimont & Wills, PLLC
Lexington, KY
-3-
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