Kentucky Workers Compensation Law

A recent workers' compensation decision held:

Shanley (Gerald) v. Mountain Aggregates, Inc., et al. (2009-CA-000520-WC)

Opinion reversing

Harris (presiding), Moore and Nickell (concur)

Date rendered: 09/11/09, NOT TO BE PUBLISHED

Key Words: Workers' Compensation, Hearing Loss, Substantial Evidence

The claimant was a 59 year old diesel mechanic who during his last year at Mountain Aggregates was a supervisor.

The Administrative Law Judge found that he was totally and permanently occupationally disabled as a result of hearing loss which prevented him from communicating effectively at work. The Workers' Compensation Board reversed the ALJ's findings, holding that there was no medical evidence that the claimant was totally occupationally disabled.

The Court of Appeals reversed, finding that substantial evidence supported the ALJ's finding of total disability given the claimant's age, work experience, education and the effect of his hearing loss on his ability to perform his past work. Because the ALJ's decision was supported by substantial evidence, his decision was ordered to be reinstated.