Western Baptist Hosp. v. Kelly

• Citation: 827 S.W.2d 685
• Decision Date: 09 April 1992
• Docket Number: Nos. 91-SC-570-W,91-SC-576-WC,s. 91-SC-570-W
• Parties: WESTERN BAPTIST HOSPITAL, Appellant, v. Faye KELLY; Vonda Spradling, Acting Director of Special Fund; Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees. Vicki G. NEWBERG, Acting Director of Special Fund, Appellant, v. Faye KELLY; Western Baptist Hospital; Ronald W. May, Administrative Law Judge; and Workers' Compensation Board, Appellees.
• Court: United States State Supreme Court (Kentucky)

Page 685

827 S.W.2d 685

WESTERN BAPTIST HOSPITAL, Appellant, v. Faye KELLY; Vonda Spradling, Acting Director of Special

Fund; Ronald W. May, Administrative Law Judge;

and Workers' Compensation Board,

Appellees.

Vicki G. NEWBERG, Acting Director of Special Fund, Appellant, v. Faye KELLY; Western Baptist Hospital; Ronald W. May,

Administrative Law Judge; and Workers'

Compensation Board, Appellees.

Nos. 91-SC-570-WC, 91-SC-576-WC.

Supreme Court of Kentucky.

April 9, 1992.

Cathy Utley Costelle, Labor Cabinet, Louisville, for Acting Directors of Special Fund.

Charles David Walters, Boehl, Stopher, Graves & Deindoerfer, Paducah, for Western Baptist Hosp.

Charles A. Saladino, Paducah, for Kelly.

LEIBSON, Justice.

The Administrative Law Judge (ALJ) denied Faye Kelly's claim for disability benefits from a neck injury allegedly occurring May 31, 1985. The ALJ held that Ms. Kelly failed to sustain the burden of proving the work-relatedness of her injury.

Ms. Kelly appealed the ALJ's decision to the Workers' Compensation Board (WCB). In a 12-page opinion, after a careful review of the testimony introduced at the trial level, the WCB reversed and remanded, having concluded that in this particular case the question resolved itself to one of "causal relationship ... not readily apparent to a layman," dependent on "medical expertise with respect to causation," and that here the medical testimony establishing work-relatedness was "uncontradicted" by any substantial evidence to the contrary. The WCB held:

"... the evidence thus becomes compelling, and the determination of the ALJ to the contrary is arbitrary and capricious requiring a reversal. Special Fund v. Francis, Ky., 708 S.W.2d 641 (1986)."

The employer, Western Baptist Hospital, and the Special Fund then appealed from the WCB to the Kentucky Court of Appeals. They claimed the Board erred in concluding the proof of a work-related injury was "uncontradicted" and "compelling."

Two neurosurgeons gave testimony establishing that Ms. Kelly had a herniated disc in her neck "causally related to the May 31, 1985 incident described by Kelly." The Board's ruling was challenged in the Court of Appeals on the basis of testimony from supervisory personnel at work that the injury was not immediately reported, and because there was testimony from a physician who saw Ms. Kelly when she was admitted to the hospital a few days after the work-related incident allegedly occurred, who stated that Ms. Kelly gave this particular doctor no history of any "recent accidents" to explain her neck pain. This evidence, claimed to justify the ALJ's ruling, was at best equivocal, because Ms. Kelly described her problem at work in terms of a strain that occurred while lifting a patient rather than an accident as the word might be commonly understood by a lay person. The Court of Appeals upheld the WCB in a 7-page opinion, all concurring, finding no error in the decision of the WCB that the medical evidence in the trial record regarding work-relatedness was "uncontradicted" and "compelling."

Unsatisfied with the results, the employer and Special Fund have pursued yet another appeal to this Court. They have the power to do so as a matter of right by reason of our decision in Vessels v. Brown-Forman Distillers Corp., Ky., 793 S.W.2d 795 (1990). The appellants in the case before us assert as their sole issue that the WCB erred in its judgment call that the medical evidence of record was essentially uncontradicted and compelled a finding of work-relatedness, and that the Court of Appeals in turn likewise erred in performing the same function a second time. The appellants called upon the Court of Appeals to "second guess" the WCB's view of the evidence, and now they call upon us to "third guess" both the WCB and the Court of Appeals on the same evidence.

In neither the second appeal to the Court of Appeals, or this third appeal to our Court, have the appellants succeeded in pointing to evidence overlooked by the WCB on the initial appeal. On the contrary, the sole question is deciding the reasonable inferences from the evidence. The second and third appeals do nothing more than debate the view of the evidence taken by the Board on the initial appeal.

The 1988 statutory restructuring of the Workers' Compensation Law intended appeal to the WCB to be the functional equivalent of appellate review in the Court of Appeals. See KRS 342.285-.290. These statutes worked fundamental changes. The ALJs were created and empowered to function the same as a trial court trying a case without a jury. The WCB was divested of the fact-finding function and restructured to carry out the same functions as an intermediate court reviewing the decisions of a court of original jurisdiction, to perform the error correcting function normally assigned to the Kentucky Court of Appeals, lacking only the power of constitutional review. The WCB has performed admirably in this task.

In Vessels v. Brown-Forman Distillers Corp., supra, because Ky. Const. Sec. 115 specifies that "in all cases, civil and criminal, there shall be allowed as a matter of right at least one appeal to another court," we held that, notwithstanding the new statutory structure for appeals in workers' compensation cases, in every case the losing party in the Court of Appeals is entitled to appeal as a matter of right to the Kentucky Supreme Court. Thus our decision in the Vessels case spawns a threshold question in this case, an institutional question which needs to be addressed before undertaking a third appellate review of this case: what is our standard of review where the question before us is limited to resolving reasonable inferences from the evidence?

We recognize that the statutes enacted by the General Assembly were not intended simply to extend the appellate process by further review of the same material to decide questions regarding reasonable inferences from the evidence. The WCB is suppose to decide whether the evidence is sufficient to support a particular finding made by the ALJ, or whether such evidence as there was before the ALJ should be viewed as uncontradicted and compelling a different result. These are judgment calls. No purpose is served by second-guessing such judgment calls, let alone third-guessing them. Our Court must provide appeals where the Constitution so mandates, but in so doing we need not obstruct legislative intent unnecessarily, nor should we encourage multiple appeals of the same issue. With due regard for the constitutional mandate underlying the Vessels opinion, we intend to give effect to the policy of the General Assembly expressed through the 1986 statutes restructuring the workers' compensation system insofar as that policy can be accommodated consistent with constitutional limitations.

The 1986 Act intended to streamline the workers' compensation process and expedite review, and we will not apply it in a way that works the opposite result. The WCB and the Kentucky Court of Appeals are not way stations, or rest stops, along the road to the Kentucky Supreme Court. The parties in cases such as the present one must accept that, notwithstanding their right to demand further appellate review, the body performing further review is there to address new problems, not to redecide the same evidentiary questions.

The WCB is entitled to the same deference for its appellate decisions as we intend when we...