Workers Comp: SCOTT V. AEP KENTUCKY COALS, LLC (COA 6/30/2006)

SCOTT V. AEP KENTUCKY COALS, LLC
WORKERS COMP:  Substantial Evidence
2005-CA-002486
PUBLISHED 
AFFIRMING, MCANULTY
DATE RENDERED:  6/30/2006

COA affirmed the ALJ award finding that the evidence failed to establish that an impairment (properly calculated pursuant to the AMA Guides) had pre-dated claimant’s work injury.  A claimant in a workers’ compensation action bears the burden of proving every essential element of his claim. Snawder v. Stice, 576 S.W.2d 276 (Ky.App. 1979).   Since Cline successfully bore that burden before the ALJ, the only question on appeal is whether substantial evidence supports the ALJ’s conclusion. Wolf Creek Collieries v. Crum, 673 S.W.2d 735 (Ky.App. 1984).    As the finder of fact, the ALJ has the sole authority to assess and to evaluate the quality, character, and substance of the evidence. Square D Co. v. Tipton, 862 S.w.2d 308 (Ky. 1993).  Affirmed.

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