Bullock v. Goodwill Coal Co.

OPINION OF THE COURT

KRS 342.315(2) requires an Administrative Law Judge (ALJ) to afford the clinical findings and opinions of a designated university evaluator presumptive weight; requires the opponent of such evidence to overcome it; and requires an ALJ to state specific reasons when rejecting a universi ty evaluator’s clinical findings and opinions.

The ALJ’s opinion in the present case made no reference whatsoever to the designated university evaluator’s report. Without having filed a petition for reconsideration, the claimant appealed based on the ALJ’s failure to comply with the statute.…