RENDERED_: JUNE 15, 2017
TO BE PUBLISHED
§§npreme Tnnrt of Béntuckg
2016-sc-0_00407-Wc
LKLP cAc INC. . 1 AP`PELLANT
ON APPEAL FROM COURT OF APPEALS
_ ` CASE NO. 2016-CA-000163-WC
V. \ WORKERS’ COM‘PENSATION BOARD
' ` NO. 09-WC-97826
BRA_NDON FLEMING; APPELLEES
HON. ‘R. ROLAND CASE, ' '
ADMINISTRATIVE LAW JUDGE; AND
WORKERS’ cOMPE-NSATION BOARD
opinion oF THE coUR'r BY JUs'rrcE KELLE_R`.
AFFIRMING
In 2010, an Administrative Law Judge [ALJ) awarded Brandon Flerning`
permanent partial disability benefits based on a finding that Fleming had a l
physical impairment rating of 13% and a psychological impairment rating o`f
5% for a combined permanent impairment rating of 17%. Fleming- filed a
motion to reopen his claim in 2014 alleging that his condition had yvorsened.\ 'A
different ALJ found that Flerning had a physical impairment rating pf 23% and
a psychological impairment rating of 12% for a combined permanent
impairment rating of 32%.1 LKLP CAC Inc. (LKLP) appealed, and a divided
'Workers’ Compensation Board (the Board] affirmed. LKLP then sought review
before the Court of Appeals, which also affirmed Bei`ore us, as it did before then
Board and the Court of Appeals, LKLP argues that the ALJ’s opinion is not
supported by evidence of substance because the ALJ relied on a physician who
stated that Fleming’s permanent impairment rating had not changed following
the 2010 opinion and award. As did the majority of the Board and the Court of
Appeals, we disagree that the ALJ’s'iindings are not properly supported by the
evidence and affirm. -
I. BACKGROUNI_).
Fleming Worked as a youth director for LKLP, a community action
agency. On October 22, 2007, Fleming suffered a work-related back injury
when the van he was driving was struck from behind. In September 2008,
7 Fleming underwent lumbar spine fusion surgery, which initially alleviated some
of his leg symptoms, and he returned to work. However, Fleming continued to
suffer from low back pain that was aggravated by standing or sitting for long
periods and he stopped working in August 2010. We note that, in addition to
his physical complaints, Fleming complained of irritability and depression.
However, the only issues before us are related to Fleming’s physical
1 The 17% and 32% permanent impairment ratings were calculated using the
“Combined Values Chart” on pages 604- 06 1n Linda Cocchiarella and Gunnar B. J.
Andersson, AMA Gu.ides to the Evaluation of Permanent Impai.rn:cent (5'¢h ed. 2012).
complaints; therefore, we do not further address Fleming’s psychological
condition.
LKLP disputed`the work-relatedness of Fleming’s injury, and Fleming
iiie