Martin Cnty. Coal Co. v. Goble
| Decision Date | 18 December 2014 |
| Docket Number | 2013–SC–000230–WC |
| Citation | 449 S.W.3d 362 |
| Parties | Martin County Coal Co./Pilgrim Mining Co., Appellant v. William Goble; Hon. Douglas Wayne Gott, Administrative Law Judge; and Workers' Compensation Board, Appellees |
| Court | United States State Supreme Court — District of Kentucky |
Counsel for Appellant: Thomas Clarke Donkin, Lexington.
Counsel for Appellee: John Earl Hunt
The Administrative Law Judge (the ALJ) awarded William Goble (Goble) permanent partial disability income and medical expense benefits based on a finding that Goble suffered low back and psychological injuries and related permanent impairment ratings.1 The Workers' Compensation Board (the Board) and the Court of Appeals affirmed. Martin County Coal Co. (Martin County) does not contest the ALJ's award of benefits to Goble related to his low-back injury; however, it contends that the ALJ abused his discretion when he found that Goble has a permanent psychological impairment rating. Goble argues to the contrary. For the following reasons, we affirm.
The parties do not dispute the underlying facts. Goble suffered a work-related back injury on August 3, 2009. Since that injury, Goble has undergone conservative medical care, consisting primarily of medication and self-directed exercise. Despite that treatment, Goble consistently complained of ongoing low back pain with radiation into his right lower extremity. In addition to his physical complaints, Goble complained of depression and anxiety related to his back injury. Goble has not received any treatment for his psychological complaints.
Goble timely filed a claim asserting that he suffered a low-back injury on August 3, 2009. He subsequently amended his claim, asserting that he also suffered a psychological injury. The parties fully litigated Goble's claims, filing numerous medical reports and records regarding his physical injury and two evaluations regarding his psychological injury. After reviewing the evidence, the ALJ concluded that Goble has a 12% permanent impairment rating—7% related to his low back injury and 5% related to his psychological injury—and awarded benefits accordingly. Martin County does not dispute the ALJ's award of benefits related to Goble's physical injury; therefore, we only summarize the evidence related to Goble's psychological injury in detail below.
Goble filed the November 9, 2010, report from Eric Johnson, Ph.D. Dr. Johnson noted that Goble complained of constant depression, irritability, a lack of energy and motivation, difficulty concentrating and remembering, and a general lack of interest in all activities. Goble attributed these complaints to his decreased ability to engage in normal daily activities because of his pain.
Dr. Johnson's testing revealed a high average IQ, intact remote memory, good ability to concentrate, intact abstract and common sense reasoning, and evidence of depression and somatization. Dr. Johnson made a diagnosis of pain disorder associated with psychological factors and back pain, and he assigned Goble a 67 on the Global Assessment of Functioning scale. As to Goble's prognosis, Dr. Johnson stated that Goble's recovery depended on the success of future medical treatment reducing his pain and improving his functional abilities. As to an impairment rating, Dr. Johnson stated that:
Since [Goble] has not had psychiatric consultation and intervention, this examiner cannot estimate permanent impairment at this time. His symptoms are relatively mild, and his current level of impairment due to the pain and resulting depressed mood from the work-related injury is estimated to be in the low mild range at five (5) percent. With successful concurrent medical and psychiatric treatment, this level of impairment should decline.
Martin County filed the March 7, 2011, report from Douglas Ruth, M.D. Goble complained to Dr. Ruth of decreased motivation, feeling “down,” having “low energy,” and “feeling anxious.” Dr. Ruth's examination revealed mild depression and he made a diagnosis of depressive disorder
not otherwise specified. Dr. Ruth stated that Goble's depressive disorder could be related to the work-injury or to obstructive sleep apnea and hypothyroidism. Therefore, Dr. Ruth recommended additional testing to rule out the latter two conditions as potential causes for Goble's depression. According to Dr. Ruth, if Goble's depressive disorder arose from his sleep pathology or hypothyroidism, prognosis for a full recovery was “quite good.” However, Dr. Ruth only anticipated modest improvement in Goble's condition if it arose from his pain. Because Dr. Ruth could not determine the cause of Goble's condition and because Goble had not received any psychiatric treatment, Dr. Ruth stated that Goble had not reached maximum medical improvement. Therefore, Dr. Ruth stated that he could not assign Goble an impairment rating.
In his deposition and at the formal hearing, Goble testified that he suffered from pain in his low back with radiation into his right leg. He described these symptoms as generally being of moderate severity. However, he stated that any activity aggravated his symptoms, particularly the pain radiating into his leg. Goble testified his symptoms had not significantly decreased, making it difficult for him to perform much, if any, work around the house.
Finally, Goble testified that his thyroid levels had been checked within the last year, and his physician had not changed his medication.
As noted above, the ALJ awarded Goble permanent partial disability income benefits based on a 12% impairment rating—7% related to Goble's back and 5% related to Goble's psychological condition. As to Goble's psychological condition, the ALJ stated as follows:
The ALJ deliberated at length over Goble's claim of a companion psychological injury. Goble did not offer strong testimony in support of it. Perhaps that was because the condition is mild, as noted by his evaluator, Dr. Johnson, whose opinion on impairment was less than enthusiastically assigned. However, the report of the Defendant's psychiatric evaluator, Dr. Ruth, was too flimsy in this instance to support any of the relief argued for by the Defendant. The ALJ did not find that report to support the finding urged by the Defendant that Goble's psychological condition is related to ongoing thyroid or sleep disorders.... The ALJ rejects the Defendant's argument that Dr. Johnson's rating was not stated with sufficient firmness to establish permanent impairment, and relies on that evidence to find that Goble has additional impairment of 5% for his work related depression.
Martin County filed a petition for reconsideration arguing the ALJ's finding of a 5% permanent psychological impairment rating was not supported by the evidence. The ALJ denied that petition stating that Martin County was simply re-arguing the merits of the claim.
Martin County then appealed to the Board, which affirmed the ALJ. In doing so, the Board stated that:
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...However, under certain circumstances, an ALJ may infer a claimant's condition has stabilized, and reached MMI. SeeMartin County Coal Co. v. Goble, 449 S.W.3d 362 (Ky. 2014).Just because a claimant requires additional medical treatment does not mean he has not reached MMI. W.L. Harper Const.......
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...a workers' compensation case lies on the claimant; he or she must prove to the ALJ every element of the claim. Martin County Coal Co. v. Goble, 449 S.W.3d 362, 366 (Ky. 2014) (citing Gibbs v. Premier Scale Co./Indiana Scale Co., 50 S.W.3d 754, 763 (Ky. 2001), as modified on denial of reh'g ......