CHEMICAL SERVICE LABORATORY v. MICHAEL TRENT; HONORABLE LLOYD EDENS, ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD
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RENDERED: May 19, 2000; 2:00 p.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
1999-CA-002584-WC
CHEMICAL SERVICE LABORATORY
APPELLANT
PETITION FOR REVIEW OF A DECISION
OF THE WORKERS' COMPENSATION BOARD
ACTION NO. WC-96-08731
v.
MICHAEL TRENT;
HONORABLE LLOYD EDENS,
ADMINISTRATIVE LAW JUDGE; AND
WORKERS' COMPENSATION BOARD
APPELLEES
OPINION
AFFIRMING IN PART - REVERSING IN PART
** ** ** ** **
BEFORE:
BARBER, DYCHE AND GUIDUGLI, JUDGES.
GUIDUGLI, JUDGE.
Chemical Service Laboratory (CSL) appeals from
an opinion of the Workers' Compensation Board (the Board)
rendered September 24, 1999, which ordered reinstatement of
Michael Trent's (Trent) claim for retraining incentive benefits.
Although we agree with the Board’s reasoning regarding the
retroactivity of KRS 342.215, we nevertheless find that the Board
erred in ordering reinstatement of Trent’s claim.1
1
Trent did not file an appellee brief.
Trent filed his Application for Retraining Benefits on
December 3, 1996.
In support of his claim, Trent relied on
medical reports from Dr. Peeter Jakobson and Dr. Glen Baker.
CSL
relied on medical reports from Dr. Robert Powell and Dr. John
Myers.
Trent's x-rays were also evaluated by Dr. Betty Joyce, an
independent university evaluator, pursuant to KRS 342.215.
The
evidence in regard to whether Trent had contracted coal workers'
pneumoconiosis was as follows:
Doctor
Category
Jakobson
Baker
Powell
Myers
Joyce
1/1
1/0
0/0
0/1
0/1
In an opinion and order dated October 6, 1997, the ALJ
dismissed Trent's claim.
In reaching his decision, the ALJ held
that the December 12, 1996, amendments to KRS 342.215, which
required that the report of a university evaluator be given
presumptive weight, applied retroactively.
The ALJ further
stated:
Doctors Powell and Myers are experienced and
recognized physicians in the diagnosis of
coal workers pneumoconiosis. In light of the
plaintiff's work history and exposure [and]
the findings of Doctors Powell and Myers, I
am not persuaded that the plaintiff has coal
workers pneumoconiosis. These findings are
substantiated by the findings of Doctor Betty
Joyce, whose interpretation is afforded
presumptive legal weight by KRS 342.315.
In an opinion rendered September 24, 1999, the Board
reversed the ALJ's decision and remanded the matter back for
reinstatement of Trent's claim.
In so ruling, the Board stated
as follows:
-2-
In [Magic Coal Company v. Fox, 1998-CA000527-WC], the Court of Appeals affirmed the
Workers' Compensation Board's earlier holding
that the provisions of KRS 342.315 regarding
presumptive weight have substantive impact as
it changes the burden and level of proof that
the party who did not receive a favorable
finding from the adjudicator must meet. By
the terms of KRS 342.0015, substantive
provisions of the 1996 Special Session apply
only to claims arising from an injury or last
exposure occurring on or after December 12,
1996. Thus, the presumptive weight provision
of the 1996 Act should not be applied
retroactively to claims arising before the
effective date of the 1996 amendments. In so
ruling, the Court of Appeals stated in
relevant part as follows:
Generally, the assignment of the
burden of proof is a rule of
substantive law. Director, Office
of Workers' Compensation Program,
Dept. of Labor v. Greenwich
Collieries, 512 U.S. 267, 114 S.Ct.
2251, 2254, 129 L.Ed.2d 221 (1994).
Further, matters have been
considered substantive in part
where they are outcome
determinative. Fite & Warmath
Const. Co. v. MYS Corp., Ky., 559
S.W.2D 729, 733 (1977), citing Erie
Railroad Co. v. Tompkins, 304 U.S.
64, 58 S.Ct. 817, 82 L.Ed. 1188
(1938).
In that the Court of Appeals has affirmed the
Board's ruling in Magic Coal, supra, we agree
with the Court's determination and find no
reason that the Court's rationale should not
be applied to the case sub judice.
This appeal followed.2
CSL contends that the ALJ was correct in applying the
presumptive weight provisions of KRS 342.315 to Trent's claim.
2
This Court's decision in Magic Coal has been appealed to
the Kentucky Supreme Court (1999-SC-163). As of the writing of
this opinion, the Kentucky Supreme Court had not yet rendered an
opinion on this issue.
-3-
We disagree, and stand by this Court's earlier decision in Magic
Coal.
To the extent that the Board's opinion followed our
decision in Magic Coal, it is affirmed.
However, CSL also argues that even if the Board's
ruling regarding the presumptive weight provisions of KRS 342.315
is correct, the ALJ's dismissal of Trent's claim should be
affirmed because it was based on substantial evidence contained
in the record.
We agree.
It is evident from a review of the
ALJ's opinion that he did not give presumptive weight to the
opinion of Dr. Joyce in determining that Trent did not have coal
workers pneumoconiosis.
Instead, he indicated that due to the
findings of Drs. Powell and Meyers, he was not persuaded that
Trent had coal workers pneumoconiosis, and merely noted that his
finding was substantiated by the report of Dr. Joyce.
Even if
the report of Dr. Joyce is not taken into consideration at all,
the ALJ's dismissal of Trent's claim is supported by substantial
evidence, and the Board erred in reversing his decision.
Having considered the parties' arguments on appeal, the
opinion of the Board in regard to the retroactive application of
KRS 342.215 is affirmed, but the portion of the Board's opinion
reinstating Trent's claim
is reversed as the opinion and order
of the ALJ is supported by substantial evidence.
BARBER, JUDGE, CONCURS.
DYCHE, JUDGE, CONCURS IN RESULT ONLY.
BRIEF FOR APPELLANT:
No Appearance for Appellees
H. Brett Stonecipher
Lexington, KY
-4-
-5-
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