Armco Steel Corp. v. Mullins
| Decision Date | 09 November 1973 |
| Parties | ARMCO STEEL CORPORATION, Appellant, v. Vernon MULLINS et al., Appellees. |
| Court | United States State Supreme Court — District of Kentucky |
Lowell T. Hughes, Gregory L. Monge, Caldwell, VanAntwerp, Welch & Hughes, Ashland, for appellant.
Hubert Counts, Counts & Duvall, Olive Hill, for appellee Vernon Mullins.
Murvel E. Combs, Robert D. Hawkins, Dept. of Labor, Frankfort, for appellee James Yocom, Com'r of Labor, and Custodian of the Special Fund.
On July 14, 1971, appellee Vernon Mullins filed a claim with the Workmen's Compensation Board seeking temporary total and permanent partial disability benefits. On motion of his employer, the Special Fund was made a party. Mullins was ordered to report for an examination to Dr. Wayne Kotcamp, who then filed his report with the board. Depositions of Drs. John Ashworth and Paul Kleykamp and a report from Dr. Harold H. Kuhn were also filed. On April 24, 1972, the board dismissed the Special Fund and granted Mullins, against appellant Armco Steel Corporation, temporary total disability benefits for 17 weeks and 20% permanent partial disability benefits for an additional 383 weeks. Armco filed a petition for review with the Boyd Circuit Court which affirmed on the basis that substantial evidence sustained the award.
This appeal is from so much of the judgment which allowed permanent partial disability benefits. Armco's sole argument is that Mullins did not sustain an injury of appreciable proportions entitling him to permanent benefits.
On July 15, 1970, Mullins, age 60 years, injured his right knee while in the employment of Armco as a rigger, which involved general repairs, setting machinery, high climbing, and working in the entire mill. Mullins was immediately taken to the plant hospital where he was x-rayed by Dr. Kleykamp. The doctor deposed that the examination revealed an The following day the knee was tapped and the fluid showed no signs of blood or xonthochromic fluid.
On August 21, 1970, Mullins saw Dr. Ashworth, who reviewed the x-rays which were taken at the plant. At this time a cystic mass in the posterior part of the knee joint was discovered. Exercise was prescribed. Mullins returned on September 14, 1970, and it was found 'he had a full range of pain-free motion of his right knee and there was no swelling and no instability, though he was still complaining of some pain in the right knee.' Dr. Ashworth stated that one month later Mullins cancelled an appointment with him because he said his knee was not giving him any trouble. Mullins returned to work August 24, 1970. A note signed by Dr. Ashworth stated that Mullins could return to work as a welder on a trial basis but that he should not climb. Mullins testified that when he returned to work he could not do the same work, that he could not climb or squat, but despite Dr. Ashworth's note he was not placed on light duty. On September 16, 1970, Dr. Ashworth released him to return to regular work with no restrictions.
On February 16, 1971, Mullins had surgery for the removal of a torn lateral similunar cartilage and a Baker's cyst from the right knee. Sometime in June 1971, he went back to work. From that date until July 21, he worked as a rigger. He was on vacation from July 21 until December 4. He stated he had difficulty in doing his work. His knee 'hurts about all the time.' He stated it affects his squatting and bending which are necessary in his job. He has continued to work since the accident.
Mr. George Watterson, turn foreman in the rigger shop, testified that after Mullins returned from vacation his work improved.
Dr. Kleykamp deposed that he felt it was not necessary to restrict Mullins after the operation; that Mullins 'had had a satisfactory convalescence from his operation.' He did not classify him as being disabled.
Dr. Ashworth stated that the condition for which Mullins was operated on was a result of the alleged injury; that Mullins made good progress and had no complications. Mullins told him after the operation and he had returned to work that he did the same type work at the time of the injury and 'he was able to do the work without...
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Hardaway Management Co. v. Southerland
...he or she has sustained no immediate loss of earnings, but has sustained an impairment of future earning capacity. Armco Steel Corp. v. Mullins, Ky., 501 S.W.2d 261 (1973); Osborne v. Johnson, Ky., 432 S.W.2d 800 (1968). The jury did not award Southerland damages for future lost earnings. F......
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Mirzaee v. United Parcel Service, No. 2006-CA-002045-WC (Ky. App. 10/26/2007), 2006-CA-002045-WC.
...upon by the ALJ and the Board in their findings were of substantial quality, and we are thus bound by the record. Armco Steel Corp. v. Mullins, 501 S.W.2d 261 (Ky. 1973). Mirzaee's argument merely indicates conflicting testimony between the physicians. The ALJ, as the finder of fact, had su......
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Furniture v. Neeley
...its findings of fact for those of the Board. Three Point Coal Co. v. Moser, 298 Ky. 868, 184 S.W.2d 242 (1944); Armco Steel Corporation v. Mullins, Ky., 501 S.W.2d 261 (1973).In the instant case, what we have is lay testimony descriptive of and supportive of a permanent disability,together ......
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Wolf Creek Collieries v. Crum
...McCracken County Health Spa v. Henson, Ky.App., 568 S.W.2d 240 (1977). The board's findings are conclusive. See Armco Steel Corporation v. Mullins, Ky., 501 S.W.2d 261 (1973). The authority of the circuit court, under KRS 342.285, is to review the board's decision in a "summary manner." It ......