COMMONWEALTH OF KENTUCKY, DEPARTMENT OF TRANSPORTATION v. JOYCE WARD; WORKERS' COMPENSATION BOARD; ROBERT L. WHITTAKER, DIRECTOR OF SPECIAL FUND; and HONORABLE J. LANDON OVERFIELD, ADMINISTRATIVE LAW JUDGE
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RENDERED:
December 11, 1998; 2:00 p.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
No.
1998-CA-000444-WC
COMMONWEALTH OF KENTUCKY,
DEPARTMENT OF TRANSPORTATION
v.
APPELLANT
PETITION FOR REVIEW OF A DECISION OF
THE WORKERS' COMPENSATION BOARD
FILE NO. WC-94-052672
JOYCE WARD;
WORKERS' COMPENSATION BOARD;
ROBERT L. WHITTAKER, DIRECTOR
OF SPECIAL FUND; and
HONORABLE J. LANDON OVERFIELD,
ADMINISTRATIVE LAW JUDGE
APPELLEES
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
GUDGEL, Chief Judge; DYCHE and KNOX, Judges.
DYCHE, JUDGE. The Transportation Cabinet of this Commonwealth
appeals from an opinion of the Workers’ Compensation Board which
affirmed an award of income benefits to appellee Joyce Ward.
Finding no error, we affirm.
Transportation makes four arguments, three of which
maintain that the evidence in the record does not support the
findings of the Administrative Law Judge.
Our function in
workers’ compensation cases is to intervene only if there has
been a flagrant misconception of the evidence resulting in gross
injustice.
Western Baptist Hospital v. Kelly, Ky., 827 S.W.2d
685 (1992).
We have reviewed the evidence, and find no such
error.
The testimony of Dr. Prerost is sufficient to support
the findings of the Administrative Law Judge.
That testimony
establishes the work-related harmful change in Ward’s body.
Appellant’s argument that the Workers’ Compensation
Board substituted its judgment for that of the Administrative Law
Judge is not well taken; the Board affirmed the ALJ, making a
thorough review of the evidence, and applying the applicable law.
The opinion of the Workers’ Compensation Board is
affirmed.
GUDGEL, CHIEF JUDGE, CONCURS.
KNOX, JUDGE, CONCURS IN RESULT.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE JOYCE WARD:
W. David Shearer, Jr.
Louisville, Kentucky
Gary S. Logsdon
Brownsville, Kentucky
BRIEF FOR APPELLEE SPECIAL
FUND:
Joel D. Zakem
Louisville, Kentucky
-2-
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