JOHNNY RICHARD MORGAN v. LESLIE RESOURCES, INC.; HON. SHEILA C. LOWTHER, CHIEF ADMINISTRATIVE LAW JUDGE; 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RENDERED: July 19, 2002; 10:00 a.m. NOT TO BE PUBLISHED C ommonwealth O f K entucky C ourt O f A ppeals NO. 2002-CA-000885-WC JOHNNY RICHARD MORGAN APPELLANT PETITION FOR REVIEW OF A DECISION OF THE WORKERS' COMPENSATION BOARD ACTION NO. WC-01-00160 v. LESLIE RESOURCES, INC.; HON. SHEILA C. LOWTHER, CHIEF ADMINISTRATIVE LAW JUDGE; WORKERS' COMPENSATION BOARD APPELLEES OPINION AFFIRMING ** ** ** ** ** BEFORE: BARBER, HUDDLESTON, AND MILLER, JUDGES. MILLER, JUDGE: Johnny Richard Morgan asks us to review an opinion of the Workers' Compensation Board (Board) rendered March 27, 2002. Kentucky Revised Statutes (KRS) 342.290. We affirm. On January 31, 2001, Johnny Richard Morgan filed a claim for workers' compensation benefits alleging he suffered work-related injuries on September 2, 1998 and June 7, 1999 while in the employee of Leslie Resources, Inc. The Chief Administrative Law Judge (CALJ) found that Morgan's claim for the 1998 injury was barred by the statute of limitations. The CALJ further found that Morgan had not proved that he suffered an injury of appreciable proportion in 1999. The Board affirmed, thus precipitating this appeal. The 1998 injury, which was held to have been barred by the statute of limitations, is not at issue in this appeal. The sole issue is whether the evidence compels a finding in Morgan's favor for the alleged injury of 1999. See Wolf Creek Collieries v. Crum, Ky. App., 673 S.W.2d 735 (1984). That is to say, where the CALJ denied benefits, the question is whether the record compels an adverse ruling. In determining whether the record so compels, we must recognize that the CALJ has sole authority to determine the weight and credibility of evidence, including inferences to be drawn therefrom. See Paramount Food, Inc. v. Burkhardt, Ky., 695 S.W.2d 418 (1985). Where the evidence is conflicting, the CALJ may choose to believe part of the evidence and disbelieve other parts. See Caudill v. Maloney's Discount Stores, Ky., 560 S.W.2d 15 (1977); Pruitt v. Bugg Brothers, Ky., 547 S.W.2d 123 (1977). We have examined the evidence in this case and are not convinced that it compels a finding of an appreciable workrelated injury emanating from Morgan's 1999 incident. Therefore, we are compelled to uphold the Board under the precepts of Western Baptist Hospital v. Kelly, Ky., 827 S.W.2d 685 (1992). For the foregoing reasons, the opinion of the Workers' Compensation Board is affirmed. ALL CONCUR. -2- BRIEF FOR APPELLANT: BRIEF FOR APPELLEE, LESLIE RESOURCES, INC.: McKinnley Morgan Hyden, Kentucky Bonnie Hoskins Lexington, Kentucky -3-

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.