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RENDERED: December 23, 1998; 2:00 p.m. NOT TO BE PUBLISHED

C ommonwealth O f K entucky C ourt O f A ppeals
NO. 1998-CA-000794-WC TROVER CLINIC PETITION FOR REVIEW OF A DECISION OF THE WORKERS' COMPENSATION BOARD ACTION NO. 94-044877 APPELLANT

v.

ANNIE J. MOORE; ROBERT L. WHITTAKER, Director of SPECIAL FUND; RONALD W. MAY, Administrative Law Judge; and WORKERS' COMPENSATION BOARD OPINION AFFIRMING ** ** ** ** ** ** ** BEFORE: HUDDLESTON, KNOX and MILLER, Judges.

APPELLEES

HUDDLESTON, Judge.

Trover Clinic seeks review of a March 2, 1998,

opinion of the Workers' Compensation Board affirming the decision of an Administrative Law Judge that Trover Clinic is responsible for Annie J. Moore's psychological condition as the result of a physical injury she sustained while in its employment. We have

reviewed the arguments advanced on appeal in accordance with the standard established in Western Baptist Hospital v. Kelly, Ky., 827 S.W.2d 735 (1992). Since the Board has adequately set forth the

salient facts and correctly applied pertinent law, we adopt the Board's opinion as our own. The Trover Clinic ("Trover") appeals from the

decisions of Hon. Ronald W. May, Administrative Law Judge

("ALJ"), rendered September 29, 1997 and from his order dated October 29, 1997 overruling its petition for

reconsideration. bility of Annie

The issues on appeal are the compensaJ. Moore's ("Moore") psychological

condition and whether the ALJ abused his discretion at the hearing when he reached a diagnosis of a psychological condition and reopened discovery. Moore is 42 years of age with an 11th grade education and has obtained a GED. vocational training. She has no specialized or

Her work history includes employ-

ment as an x-ray assistant and as a machine operator in sewing factories. Since 1976, Moore has worked for

Trover as a surgical assistant scheduling patients for xrays and surgery, supply clerk, and physician's assistant assisting in examinations and carrying supplies to and from patient rooms. On September 2, 1994, Moore experienced a pain in her low back and into her left hip while assisting in lifting a patient. She later began to experience

numbness and pain into her right leg.

She continued

working and, on October 2, 1994, she was lifting another patient and experienced a worsening of her pain. She saw a physician and was taken off work and was referred to Dr. Dominguez, who performed back surgery on December 14, 1994. Moore returned to work as a central supply clerk

from June 19, 1995 through July 7, 1995 and as an 2

appointment clerk on July 10, 1995 for 2

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