River View Coal, LLC v. Angela Whitlock
2016 SC 000072
| Ky. | Feb 14, 2017Background
- Angela Whitlock, a former coal miner and instructional aide, suffered multiple work-related physical injuries, including a March 4, 2013 low-back injury; she later stopped working for River View Coal in July 2013.
- Whitlock returned to limited part-time unpaid work at her sister’s restaurant (10–15 hrs/week) while also collecting unemployment; she testified she could not work on a regular/sustained basis due to pain.
- Medical evidence: treating physicians provided conservative care; independent exam by Dr. Barlow found bulging lumbar discs, bilateral radiculopathy, 6% whole-person impairment, and restrictions (no bending/twisting; lift <40 lbs). An independent IME (Dr. Huhn) found no impairment.
- ALJ found Whitlock’s testimony credible, adopted Dr. Barlow as most persuasive, and awarded permanent total disability based on a 6% impairment plus combined vocational/age/education factors.
- The Board affirmed permanent total disability but vacated/remanded portions awarding temporary total disability and medical benefits and instructed the ALJ to address an alleged psychological claim; River View appealed.
Issues
| Issue | Whitlock's Argument | River View's Argument | Held |
|---|---|---|---|
| Whether the Board's opinion is final and appealable | Board’s partial vacatur/remand still produces a final, appealable order (Whitlock argued otherwise) | River View treated Board decision as final and appealed ALJ’s disability finding | Court: Board’s partial vacatur/remand is final and appealable because it divested/authorized change in vested rights (affirmed) |
| Whether ALJ’s permanent total disability finding is supported by substantial evidence | Whitlock: ALJ properly considered medical rating, testimony, vocational factors and found inability to work on sustained basis | River View: Evidence (restaurant work, age/education, some doctors finding no impairment) shows she could perform work, so ALJ’s award lacks substantial evidence | Court: ALJ’s finding supported — he reasonably credited Whitlock and Dr. Barlow; conclusion not legally erroneous |
| Effect of part-time unpaid restaurant work on total disability | Whitlock: intermittent, non-sustained work does not defeat total disability | River View: such work shows ability to perform remunerative work regularly | Court: Intermittent, informal help-for-board arrangement is not regular/sustained employment; ALJ permissibly discredited it |
| Whether ALJ erred by relying on claimants’ subjective testimony over contrary evidence | Whitlock: ALJ properly weighed credibility; subjective testimony is competent evidence | River View: claimant’s applications for other jobs and statements contradict total disability finding | Court: ALJ entitled to weigh/choose between conflicting evidence; credibility findings govern and were not unreasonable |
Key Cases Cited
- Hampton v. Flav-O-Rich Dairies, 489 S.W.3d 230 (Ky. 2016) (partial or full Board remand can create a final, appealable decision)
- Whittaker v. Rowland, 998 S.W.2d 479 (Ky. 1999) (standard: ALJ decision for successful claimant reviewed for substantial evidence)
- Paramount Foods, Inc. v. Burkhardt, 695 S.W.2d 418 (Ky. 1985) (ALJ as sole factfinder may determine weight/credibility of evidence)
- Brockway v. Rockwell Int'l, 907 S.W.2d 166 (Ky. App. 1995) (ALJ may believe or disbelieve parts of evidence regardless of offering party)
- Ira A. Watson Dept. Store v. Hamilton, 34 S.W.3d 48 (Ky. 2000) (permanent total disability requires individualized evaluation of medical, vocational, and credibility factors)
- McNutt Constr./First Gen. Servs. v. Scott, 40 S.W.3d 854 (Ky. 2001) (age/education not dispositive in permanent total disability determinations)