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Workers’
Compensation Board
OPINION
ENTERED: September 20, 2017
CLAIM NO. 199793367
WILLIAM RAMEY PETITIONER
VS. APPEAL FROM HON. CHRIS
DAVIS,
ADMINISTRATIVE LAW JUDGE
J & M TRUCKING and
HON. CHRIS DAVIS,
ADMINISTRATIVE LAW JUDGE RESPONDENTS
OPINION
AND ORDER
DISMISSING
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BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members.
ALVEY,
Chairman. William Ramey (“Ramey”) has filed a notice
of appeal in a claim currently pending before Hon. Chris Davis, Administrative
Law Judge (“ALJ”) regarding a medical dispute filed by J & M Trucking. We note that although not referenced in the
Notice of Appeal, on September 5, 2017, the ALJ issued an order joining
Ameritox as a party to the claim. The
ALJ allowed Ameritox forty-five (45) days to file evidence or a brief. That time has not yet expired. The order also removed the claim from submission
for a decision.
We conclude
the ALJ has not yet rendered a decision regarding the issues pending before
him. The September 5, 2017 order does
not constitute a final and appealable order, and in fact, to the contrary,
allows Ameritox time to respond and file evidence and pleadings as it deems
appropriate prior to rendering a decision.
Therefore, this appeal is dismissed, and the claim is remanded for
completion of the claim before the ALJ.
803 KAR
25:010 Sec. 22 (2)(a) provides as follows:
[w]ithin thirty (30) days of the date a final award, order, or
decision rendered by an administrative law judge pursuant to KRS 342.275(2) is
filed, any party aggrieved by that award, order, or decision may file a notice
of appeal to the Workers’ Compensation Board.
803 KAR
25:010 Sec. 22 (2)(b) defines a final award, order or decision as follows: “[a]s used in this section, a final award,
order or decision shall be determined in accordance with Civil Rule 54.02(1)
and (2).”
Civil Rule
54.02(1) and (2) states as follows:
(1) When more than one claim for relief
is presented in an action . . . the court may grant a final judgment upon one
or more but less than all of the claims or parties only upon a determination
that there is no just reason for delay. The judgment shall recite such determination
and shall recite that the judgment is final. In the absence of such recital, any order or
other form of decision, however designated, which adjudicates less than all the
claims or the rights and liabilities of less than all the parties shall not
terminate the action as to any of the claims or parties, and the order or other
form of decision is interlocutory and subject to revision at
any time before the entry of judgment adjudicating all the claims and the rights
and liabilities of all the parties.
(2) When the remaining claim or claims
in a multiple claim action are disposed of by judgment, that judgment shall be
deemed to readjudicate finally as of that date and in the same terms all prior
interlocutory orders and judgments determining claims which
are not specifically disposed of in such final judgment.
Hence,
an order of an ALJ is appealable only if: 1) it terminates the action
itself; 2) acts to decide all matters litigated by the parties; and, 3)
operates to determine all the rights of the parties so as to divest the ALJ of
authority. Tube Turns Division vs.
Logsdon, 677 S.W.2d 897 (
It
is clear the litigation below is not concluded as evidenced by the ALJ’s
September 5, 2017 order. It is readily
apparent the order does not operate to terminate the action or finally decide
all outstanding issues. Likewise, these
orders do not operate to determine all the rights of the parties so as to
divest the ALJ once and for all of the authority to decide the merits of the
claim.
That said, we hereby dismiss Ramey’s
appeal, and remand the claim to the ALJ to conduct all proceedings necessary
for final adjudication of all of the current outstanding issues. Once all of the current outstanding issues
have been decided, any aggrieved party may file an appeal on any issues decided
by the ALJ.
Accordingly, the appeal filed by
Ramey is hereby DISMISSED.
This claim is REMANDED for an
additional determination as set forth above.
ALL
CONCUR.
____________________________
MICHAEL
W. ALVEY, CHAIRMAN
WORKERS’
COMPENSATION BOARD
PETITIONER,
PRO SE:
WILLIAM RAMEY
PO BOX 106
MOUTHCARD, KY 41548
COUNSEL
FOR RESPONDENT:
HON J GREGORY ALLEN
PO BOX 1167
PIKEVILLE, KY 41502
RESPONDENTS:
CRYSTAL BRANHAM, APRN
112 EAST MAIN STREET
ELKHORN CITY, KY 42522
AMERITOX LTD
PO BOX 402171
ATLANTA, GA 30384
ADMINISTRATIVE
LAW JUDGE:
HON CHRIS DAVIS
657 CHAMBERLIN AVE
FRANKFORT, KY 40601
