GOLDEN OAK MINING COMPANY, L.P. v. HAROLD JENT; HON. DONALD G. SMITH, ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD
Annotate this Case
Download PDF
RENDERED:
February 5, 1999; 2:00 p.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
1997-CA-003222-WC
GOLDEN OAK MINING COMPANY, L.P.
APPELLANT
PETITION FOR REVIEW OF A DECISION
OF THE WORKERS' COMPENSATION BOARD
ACTION NO. 96-08905
v.
HAROLD JENT; HON. DONALD G. SMITH,
ADMINISTRATIVE LAW JUDGE; AND
WORKERS' COMPENSATION BOARD
APPELLEES
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
BUCKINGHAM, MCANULTY, AND MILLER, JUDGES.
MILLER, JUDGE: Golden Oak Mining Company (Golden Oak) asks us to
review an opinion of the Workers' Compensation Board (board)
rendered November 14, 1997.
We affirm.
In August 1997, the administrative law judge (ALJ)
awarded co-appellee Harold Jent retraining incentive benefits
(RIB) based upon a finding that Jent suffered from Category I
pneumoconiosis resulting from exposure to coal dust.
Stat. 342.732.
of the board.
Ky. Rev.
Unsatisfied therewith, Golden Oak sought review
In an opinion rendered November 14, 1997, the
board affirmed the ALJ's decision.
This appeal follows.
The sole issue on appeal is whether substantial
evidence supports the ALJ's decision to award RIB.
Golden Oak
contends that it submitted unrebutted medical evidence upon the
issue of causation.
Specifically, Drs. B. T. Westerfield and
Robert W. Powell opined that Jent's exposure to coal dust did not
cause his current disease or condition.
The record reveals that Drs. John E. Myers, Jr., and
Emery Lane both diagnosed Jent with Category I pneumoconiosis.
As to causation, the board noted that “[b]oth Golden Oak's
doctors testified that 20 years plus exposure to coal dust was
sufficient exposure to cause pneumoconiosis in a susceptible
individual.”
The board concluded that “[s]ince Jent had over 20
years exposure in the mining industry and it is uncontradicted
that this was sufficient to cause coal workers' pneumoconiosis in
a susceptible individual, the ALJ's award must be affirmed.”
Upon the whole, we cannot say that the board “has overlooked or
misconstrued controlling statutes or precedent, or committed an
error in assessing the evidence so flagrant as to cause gross
injustice.”
Western Baptist Hospital v. Kelly, Ky., 827 S.W.2d
685, 687-688 (1992).
For the foregoing reasons, the opinion of the Workers'
Compensation Board is affirmed.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE JENT:
Barkley J. Sturgill, Jr.
Prestonsburg, KY
Thomas W. Moak
Prestonsburg, KY
-2-
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.
