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RENDERED: October 8, 2004; 2:00 p.m. NOT TO BE PUBLISHED

Commonwealth Of Kentucky Court of Appeals
NO. 2004-CA-000949-WC

SHOREWOOD PACKAGING

APPELLANT

v.

PETITION FOR REVIEW OF A DECISION OF THE WORKERS' COMPENSATION BOARD ACTION NO. WC-03-00502

FLOYD MITCHELL BROOKS, JR.; HON. JAMES L. KERR, ADMINISTRATIVE LAW JUDGE; DR. EUGENE E. JACOB; AND KENTUCKY WORKERS' COMPENSATION BOARD

APPELLEES

OPINION AFFIRMING

** ** ** ** **

BEFORE:

COMBS, CHIEF JUDGE; GUIDUGLI AND KNOPF, JUDGES. Shorewood Packaging (Shorewood) petitions

COMBS, CHIEF JUDGE:

for review of an opinion of the Workers' Compensation Board of April 14, 2004. The Board affirmed in part, vacated in part,

reversed in part, and remanded a decision of the Administrative Law Judge (ALJ). Shorewood first argues that the ALJ had been

correct in finding that Shorewood's employee, Floyd Mitchell Brooks, Jr., retained the ability to work after he had injured his knee at work. It contends that the Board erred in reversing

the ALJ on this issue.

Shorewood also believes that the Board

erred in holding that the ALJ lacked authority to alter his original opinion as to the degree of Brooks's active impairment upon reconsideration. After a review of the record, we affirm.

Before his knee injury at Shorewood, Brooks had sustained an injury to his right knee which required multiple procedures -- including surgery -- in 2000 and 2001. He was

able to return to his physically demanding work as a press operator at Shorewood in October 2001 without any restrictions. He continued working without any problems until February 6, 2002, when he hurt his knee at work. The injury involved a

complete tear of his medial collateral ligament (MCL), a tear of his anterior cruciate ligament (ACL), and the detachment of his medial meniscus. Dr. Eugene Jacob, the orthopedic surgeon who

had treated all of Brooks's previous knee problems, performed extensive reconstructive surgery in May 2002. Brooks reached maximum medical improvement in November 2002. When Dr. Jacob placed many restrictions on his

activities, Shorewood informed Brooks that it had no suitable work for him and terminated his employment in January 2003. order to support his family, Brooks began running his own business, Digital Home Concepts, an enterprise that involved designing and selling home theater and audio systems primarily In

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in new homes.

Upon making a sale, he associated with other

contractors to install the entertainment systems. Brooks filed a claim for workers' compensation benefits in March 2003. He complained about continuing

disabling pain in his knee that prevented him from standing for very long. He also stated that he could not run, kneel, crawl,

or squat

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