Slater Fore Consulting, Inc. v. Leslie B. Rife
2016 SC 000131
| Ky. | Aug 22, 2017Background
- Leslie B. Rife, a long‑distance truck driver, tripped over a hose in June 2012, struck his head, and was treated for head and knee lacerations; cervical complaints later required cervical fusion and postoperative ICU complications (coma). While in ICU he fell getting up and injured his lower back, later requiring lumbar fusion. Rife has not returned to work.
- Rife claimed workers’ compensation for cervical and lumbar injuries and a neurocognitive disorder from an alleged TBI.
- Rife’s expert (Dr. Barefoot) assigned a combined 44% whole‑person impairment (28% cervical with 10% apportioned to a 2008 fusion; 32% lumbar) and concluded Rife was permanently totally disabled.
- Employer (Slater) presented experts finding no work‑related permanent impairment or disability and attributing problems to preexisting conditions.
- The ALJ found Rife credible, adopted Barefoot’s opinions, attributed a 44% impairment to the 2012 accident, and awarded permanent total disability effective the last work date; the Board affirmed and remanded cognitive‑injury impairment for further determination. The Court of Appeals affirmed; the Supreme Court of Kentucky also affirmed.
Issues
| Issue | Rife's Argument | Slater's Argument | Held |
|---|---|---|---|
| Whether Rife’s cervical condition is attributable to the June 2012 work injury | Cervical condition and resulting fusion complications stem from the June 2012 fall | Cervical complaints are degenerative/preexisting and not caused by acute trauma in 2012 | ALJ credibility findings and Dr. Barefoot’s opinion supported work‑related cervical injury; affirmed |
| Whether the lumbar injury from the hospital fall is compensable as related to the work injury | The lumbar injury occurred during treatment for the work injury and is compensable | The hospital fall was an independent intervening cause not caused by treatment or the work injury | Fall in hospital during treatment was compensable under precedent; lumbar injury related to work injury; affirmed |
| Whether preexisting conditions required apportionment/reduction of award | Rife: prior impairments didn’t amount to preexisting disability; no reduction required | Slater: prior neck/back problems show preexisting disability or impairment and require reduction | Preexisting impairment (without preexisting disability) does not bar a total disability award if claimant worked without restrictions before injury; no reduction required; affirmed |
| Standard of review regarding ALJ factfinding | N/A (procedural) | N/A | ALJ is sole factfinder; appellate courts defer unless no substantial evidence or legal error; deferential review applied |
Key Cases Cited
- Square D Co. v. Tipton, 862 S.W.2d 308 (Ky. 1993) (ALJ is factfinder in workers’ compensation cases)
- Whittaker v. Rowland, 998 S.W.2d 479 (Ky. 1999) (appellate review requires substantial evidence of probative value)
- U.S. Bank Home Mortgage v. Schrecker, 455 S.W.3d 382 (Ky. 2014) (defer to ALJ unless controlling law misconstrued or evidence compels contrary finding)
- Pond Creek Collieries Co. v. La Santos, 212 S.W.2d 530 (Ky. 1948) (injuries sustained during medical treatment for a work injury may be compensable)
- Elizabethtown Sportswear v. Stice, 720 S.W.2d 732 (Ky. Ct. App. 1986) (death or additional disability from medical treatment for a work injury compensable)
- Roberts Bros. Coal Co. v. Robinson, 113 S.W.3d 181 (Ky. 2003) (distinguishes impairment from disability; preexisting impairment does not automatically equal preexisting disability for total disability awards)