Substantial evidence is evidence of substance and relevant consequence having the fitness to induce conviction in the minds of reasonable men.
An employee appealed a circuit court order setting aside a Workmen’s Compensation Board award for temporary disability and medical expenses. The employee argued the circuit court improperly substituted its own evaluation of evidence for that of the board. The court held that while a court cannot substitute its evaluation of the weight and credibility of evidence, the board's findings of fact must be supported by substantial evidence. Substantial evidence is defined as evidence of substance and relevant consequence having the fitness to induce conviction in the minds of reasonable men. Because the evidence failed to induce such conviction regarding the alleged work-related fall, the circuit court's decision was correct.
At page 369 Analyzing witness testimony regarding injury causation85 citing cases“relevant consequence to induce conviction in the minds of reasonable men.”
- S.S. v. Commonwealth of Kentucky, No. 2025-CA-1288 (Ky. Ct. App. Aug. 7, 2026).unpublishedGoodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted).
- Roger Keith v. Muhlenberg Cnty. Coal, No. 2025-CA-1082 (Ky. Ct. App. Mar. 20, 2026).unpublishedCo., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted).
- Disabled Am. Vets. v. Joan Sears, No. 2025-CA-0783 (Ky. Ct. App. Feb. 13, 2026).unpublishedGoodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted).
- Commonwealth of Kentucky v. William Michael McCuiston, 729 S.W.3d 197 (Ky. Ct. App. 2026).publishedCo., 474 S.W.2d 367, 369 (Ky. 1971)).
- Est. of Kyle Perkins by Megan Perkins, Adm'r v. North Am. Stainless, 724 S.W.3d 738 (Ky. 2025).publishedCo., 474 S.W.2d 367, 369 (Ky. 1971).
- Mmj Masonry, Inc. v. Ruben Guerrero Silva, No. 2025-CA-0164 (Ky. Ct. App. Sept. 19, 2025).unpublishedGoodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971).
- Judy Howell v. Floyd Cnty. Bd. of Educ., 723 S.W.3d 778 (Ky. 2025).publishedGoodrich Chemical Co., 7 474 S.W.2d 367, 369 (Ky. 1971)).
- Floyd Cnty. Bd. of Educ. v. Judy Howell, 723 S.W.3d 778 (Ky. 2025).publishedGoodrich Chemical Co., 7 474 S.W.2d 367, 369 (Ky. 1971)).
- Christopher Thomas v. Russellville Elec. Plant Bd., No. 2025-CA-0540 (Ky. Ct. App. Aug. 29, 2025).unpublishedF. Goodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted).
- Michael Warren Snyder v. Paige Marie Snyder, No. 2024-CA-1301 (Ky. Ct. App. Aug. 1, 2025).unpublishedF. Goodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971) (emphasis added).
Show 74 more citing cases
- Sunanza, Inc. v. Oldham Cnty. Plan. & Zoning Comm'n, No. 2024-CA-0864 (Ky. Ct. App. May 30, 2025).unpublishedGoodrich Chem Co., 474 S.W.2d 367, 369 (Ky. 1971)).
- Christopher Nation v. Commonwealth of Kentucky, No. 2023-CA-0866 (Ky. Ct. App. Mar. 21, 2025).unpublishedCo., 474 S.W.2d 367, 369 (Ky. 1971) (citing O’Nan v. Ecklar Moore Express, Inc., 339 S.W.2d 466 (Ky. 1960)). -4- ANALYSIS Both the Fourth Amendment to the United States Constitution and Section 10 of the Kentucky Constitution safeguard ind…
- Elder Constr. & Assocs., Inc. v. Georgetown-Scott Cnty. Airport Bd., No. 2023-CA-0997 (Ky. Ct. App. Mar. 7, 2025).unpublishedCo., 474 S.W.2d 367, 369 (Ky. 1971) (citing O’Nan v. Ecklar Moore Express, Inc., 339 S.W.2d 466 (Ky. 1960)).
- Commonwealth of Kentucky v. K.O., 721 S.W.3d 124 (Ky. 2025).publishedCo., 474 S.W.2d 367, 369 (Ky. 1971)).
- Blaine Van Gansbeke v. Bridget F. Van Gansbeke, 700 S.W.3d 263 (Ky. Ct. App. 2024).publishedCo., 474 S.W.2d 367, 369 (Ky. 1971).
- LSC Commc'ns v. Artie Winchester, No. 2024-SC-0101 (Ky. Oct. 24, 2024).unpublishedCo., 474 S.W.2d 367, 369 (Ky. 1971)).
- Michael Wyant v. U.S. Erectors, Inc., No. 2023 CA 001400 (Ky. Ct. App. June 27, 2024).unpublishedCo., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted).
- Pikeville Med. Ctr. v. Charlotte Baker, No. 2023 CA 001424 (Ky. Ct. App. Apr. 18, 2024).unpublishedCo., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted).
- Robert Keith Woodall v. Commonwealth of Kentucky, 709 S.W.3d 71 (Ky. 2024).publishedCo., 474 S.W.2d 367, 369 (Ky. 1971).
- Bluelinx v. Est. of David Williams, No. 2023 SC 0288 (Ky. Apr. 17, 2024).unpublishedCo., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted). 9 Bluelinx argues that the ALJ relied upon evidence which was not of probative value and upon which he could not draw inferences because he relied on unsupported “facts” or statistics…
- Lance Bowman v. Commonwealth of Kentucky, 686 S.W.3d 230 (Ky. 2024).publishedCo., 474 S.W.2d 367, 369 (Ky. 1971).
- LSC Commc'ns v. Artie Winchester, No. 2023 CA 000929 (Ky. Ct. App. Feb. 8, 2024).unpublishedGoodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted). -5- Additionally, “KRS 342.285 designated the ALJ as a finder of fact” which “has been construed to mean that the factfinder has the sole discretion to determine the…
- Jennifer Whisman v. Toyota Motor Mfg. Kentucky, Inc., No. 2023 SC 0164 (Ky. Jan. 17, 2024).unpublishedCo., 474 S.W.2d 367, 369 (Ky. 1971)).
- Latisha Hudson v. Ford Motor Co., No. 2023 CA 000428 (Ky. Ct. App. Nov. 16, 2023).unpublishedCo., 474 S.W.2d 367, 369 (Ky. 1971).
- Joseph Lee v. W.G. Yates & Sones Constr. Co., No. 2023 CA 000695 (Ky. Ct. App. Oct. 26, 2023).Goodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted).
- Kemi v. Lewis Hicks, No. 2022 CA 001392 (Ky. Ct. App. May 25, 2023).unpublishedGoodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted).
- Tony Glasper v. Kentucky Parole Bd., No. 2019 SC 0386 (Ky. Apr. 26, 2023).Co., 474 S.W.2d 367, 369 (Ky. 1971).
- Jennifer Whisman v. Toyota Motor Mfg. Kentucky, Inc., No. 2022 CA 001318 (Ky. Ct. App. Mar. 9, 2023).unpublishedGoodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971)).
- James Ray Foley v. Pegasus Transp./crst Int'l, No. 2021 CA 000785 (Ky. Ct. App. Oct. 6, 2022).unpublished Co., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted).
- Commonwealth of Kentucky v. L.G., 653 S.W.3d 93 (Ky. 2022).publishedCo., 474 S.W.2d 367, 369 (Ky. 1971)).
- Trane v. Brandon Barnett, No. 2021 CA 001263 (Ky. Ct. App. June 2, 2022).unpublishedGoodrich Chemical Company, 474 S.W.2d 367, 369 (Ky. 1971).
- Mj Great Clips, Inc. v. Angela Johnson, No. 2021 CA 000527 (Ky. Ct. App. May 26, 2022).unpublished Co., 474 S.W.2d 367, 369 (Ky. -2- 1971) (citation omitted).
- Regal Petroleum Co. v. Terry Kidd, No. 2021 CA 001403 (Ky. Ct. App. May 26, 2022).unpublishedGoodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971). -9- type that is customary or that he was performing at the time of his injury.” Central Kentucky Steel, 19 S.W.3d at 659 .5 Using that caselaw as a guide, the Board analyzed the ALJ’s…
- Dow Silicones Corp. v. Richard Careter (Dec'd), No. 2021 CA 000393 (Ky. Ct. App. May 19, 2022).unpublished Goodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted).
- Teri Sturgill v. King's Daughters Med. Ctr., No. 2021 CA 001259 (Ky. Ct. App. Apr. 7, 2022).unpublishedCo., 474 S.W.2d 367, 369 (Ky. 1971)).
- Delta Global Servs. v. Michael Blaurock, No. 2021 CA 001179 (Ky. Ct. App. Mar. 17, 2022).unpublishedF. Goodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted).
- Deborah Robbins French v. Rev-A-Shelf, 641 S.W.3d 172 (Ky. 2022).publishedCo., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted).
- James Viars (Deceased) Est. v. Cumberland Mill Work & Supply, No. 2021 CA 001178 (Ky. Ct. App. Feb. 2, 2022).unpublishedF. Goodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted).
- O'Reilly Auto. Stores, Inc. v. Tony Ernspiker, No. 2021 SC 0096 (Ky. Dec. 15, 2021).unpublishedCo., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted).
- Rescare, Inc. v. Patricia Montgomery (Cain), No. 2020 SC 0307 (Ky. Dec. 13, 2021).unpublishedCo., 474 S.W.2d 367, 369 (Ky. 1971).
- Pilgrim's Pride Corp. v. Patsy Herndon, No. 2021 CA 000684 (Ky. Ct. App. Dec. 2, 2021).unpublishedF. Goodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971).
- Leslie Lawrence v. Kellogg's, No. 2020 CA 000709 (Ky. Ct. App. Nov. 10, 2021).unpublishedGoodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971).
- Larry Dixie v. Ford Motor Co., No. 2021 CA 000786 (Ky. Ct. App. Oct. 21, 2021).unpublishedGoodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971).
- Beryl Russell v. Jonathan Weatherby, No. 2021 CA 000776 (Ky. Ct. App. Sept. 23, 2021).unpublishedF. Goodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971) (citation omitted). -6- Ford claims that the evidence supported a finding that Mr. Russell was not permanently and totally disabled because he was originally released to return to wo…
- Crothall Healthcare v. Carolyn Estepp, No. 2021 CA 000257 (Ky. Ct. App. July 15, 2021).unpublishedGoodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971)).
- Lexington Fayette Urban Cnty. Gov't v. Michael Gosper, No. 2021 CA 000033 (Ky. Ct. App. July 8, 2021).unpublishedF. Goodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971).
- Apple Valley Sanitation, Inc. v. Jon Stambaugh, No. 2020 CA 000976 (Ky. Ct. App. May 20, 2021).unpublishedGoodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971)).
- Jse, Inc. v. Patricia Ahart, No. 2020 SC 0154 (Ky. Apr. 27, 2021).unpublishedCo., 474 S.W.2d 367, 369 (Ky. 1971).
- JBS Swift v. Lynn Fields, No. 2020 SC 0239 (Ky. Apr. 26, 2021).unpublishedGoodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971).
- Packers Sanitation Servs. v. Jorge Martell Cabrera, No. 2020 SC 0215 (Ky. Mar. 22, 2021).unpublishedCo., 474 S.W.2d 367, 369 (Ky. 1971). 4 B.
- Cepero v. Fabricated Metals Corp., 132 S.W.3d 839 (Ky. 2004).published
- Rivers v. Howell, 276 S.W.3d 279 (Ky. Ct. App. 2008).published
- Wal-Mart v. Southers, 152 S.W.3d 242 (Ky. Ct. App. 2004).published
- Stoner Creek Stud, Inc. v. Revenue Cabinet Commonwealth, 746 S.W.2d 73 (Ky. Ct. App. 1987).published
- Carnes v. Parton Bros. Contracting, 171 S.W.3d 60 (Ky. Ct. App. 2005).published
- Kroger Ltd. P'ship I v. Cabinet for Health Servs., Commonwealth, 174 S.W.3d 516 (Ky. Ct. App. 2005).published
- Garrett Mining Co. v. Nye, 122 S.W.3d 513 (Ky. 2003).published
- Bowerman v. Black Equip. Co., 297 S.W.3d 858 (Ky. Ct. App. 2009).published
- Abbott Labs. v. Smith, 205 S.W.3d 249 (Ky. Ct. App. 2006).published
- Burton v. Foster Wheeler Corp., 72 S.W.3d 925 (Ky. 2002).published
- Randall v. Stewart, 223 S.W.3d 121 (Ky. Ct. App. 2007).published
- Warren Cnty. Citizens v. Bd. of Commissioners, 207 S.W.3d 7 (Ky. Ct. App. 2006).published
- Campbell v. Hauler's Inc., 320 S.W.3d 707 (Ky. Ct. App. 2010).published
- Star Run, Inc. v. Commonwealth Env't & Pub. Prot. Cabinet, 350 S.W.3d 1 (Ky. Ct. App. 2010).published
- James Halcomb v. Am. Mining Co., No. 2015 SC 000335 (Ky. June 3, 2016).unpublished
- Eddie's Serv. Ctr. v. Donna Thomas Adm'x of the Est. of Eddie Ray Thomas, Jr., 503 S.W.3d 881 (Ky. 2016).published
- Eddie's Serv. Ctr. v. Donna Thomas Adm'x of the Est. of Eddie Ray Thomas, Jr., No. 2015 SC 000676 (Ky. Jan. 10, 2017).
- LKLP Cac Inc. v. Brandon Fleming, 520 S.W.3d 382 (Ky. 2017).published
- Lklp Cac Inc. v. Brandon Fleming, No. 2016 SC 000407 (Ky. Aug. 28, 2017).
- Austin Powder Co. v. Billy Keith Stacy, No. 2016 SC 000347 (Ky. Aug. 28, 2017).unpublished
- Austin Powder Co. v. Billy Keith Stacy, No. 2016 SC 000347 (Ky. Sept. 18, 2017).unpublished
- Martin Cnty. Bd. of Educ. v. Archie Blackburn, No. 2019 SC 000635 (Ky. Sept. 21, 2020).unpublished
- Martin Cnty. Bd. of Educ. v. Archie Blackburn, No. 2019 SC 0635 (Ky. Oct. 19, 2020).unpublished
- Archie Blackburn v. Martin Cnty. Bd. of Educ., No. 2019 SC 0647 (Ky. Oct. 19, 2020).unpublished
- Kenneth Turner v. Commonwealth of Kentucky- Dep't of Corr., No. 2020 CA 000330 (Ky. Ct. App. Oct. 15, 2020).unpublished
- Bluegrass Oakwood, Inc. v. Robin Stubbs, No. 2019 CA 000699 (Ky. Ct. App. Nov. 12, 2020).unpublished
- Conifer Health v. Frieda Singleton, No. 2020 CA 000712 (Ky. Ct. App. Nov. 19, 2020).unpublished
- Ford Motor Co. v. Larry Brown, No. 2020 CA 000622 (Ky. Ct. App. Jan. 7, 2021).unpublished
- Union Underwear Co. v. Scearce, 896 S.W.2d 7 (Ky. 1995).published
- Spreacker v. Vaughn, 397 S.W.3d 419 (Ky. Ct. App. 2012).published
- Hornback v. Hardin Mem'l Hosp., 411 S.W.3d 220 (Ky. 2013).published
- Diop v. Zenith Logistics, 486 S.W.3d 302 (Ky. Ct. App. 2015).published
- Cabinet for Health & Fam. Servs. v. C.B., No. 2018-SC-0092 (Ky. Sept. 27, 2018).unpublished
- Cabinet for Health & Fam. Servs. v. P. W., 582 S.W.3d 887 (Ky. 2019).unpublished
q1 “induce conviction in the mind of reasonable persons,”2 citing cases
- Miller v. Tema Isenmann, Inc., 542 S.W.3d 265 (Mo. Ct. App. 2018).published
- Jeff Miller v. Tema Isenmann, Inc., No. 2016-SC-0449 (Ky. Mar. 22, 2018).unpublished
v.
B. F. Goodrich Chemical Company, Et Al., Appellees
In this workmen’s compensation case, the circuit court set aside an award that the Workmen’s Compensation Board had made in favor of Robert L. Smyzer against his employer, B. F. Goodrich Chemical Company. Smyzer has appealed to this court[*368] on two grounds: first, that the circuit court erred in substituting its evaluation of the evidence for that of the board and, second, that the circuit court was without jurisdiction because the employer’s appeal from the board’s award to the circuit court was not timely filed. We are of the opinion that the circuit court had jurisdiction of the case and that the disposition made was correct.
The appellant’s procedural argument is without merit. The board’s award was rendered May 11, 1970. Within 14 days, as required by KRS 342.281, the employer, Goodrich, petitioned the board to reconsider its award. The right of the employer to seek reconsideration within such time is clearly specified in the statute just cited. On June 8, 1970, the board overruled Goodrich’s petition for reconsideration. Within 20 days from this latter date, Goodrich filed an appeal with the circuit court from the board’s award. The right to such appeal, provided it is filed within the 20-day period, is again specifically provided in KRS 342.-285.
In Commonwealth Dept. of Mental Health v. Robertson, Ky., 447 S.W.2d 857 (1969), we held that the filing of a petition for reconsideration of an award destroyed the finality of the award and that an appeal then pending was properly dismissed. When the board overruled the petition for reconsideration on June 8, 1970, it then made final the award whose “finality” had been destroyed by the filing of the petition to reconsider. An appeal to the circuit court filed within 20 days from that date was timely. To rule otherwise would create the specter that a petition for reconsideration by either the employee or the employer would make the right of judicial review of the award merely illusory. The circuit court clearly had jurisdiction to consider the employer’s appeal from the award.
The principle contention made by the employee is that the circuit court substituted its evaluation of the weight and credibility of the evidence for that of the board. Although the circuit court held that the board’s findings had no support in the record and were clearly erroneous “on the basis of the reliable, probative and material evidence contained in the whole record,” [1] we think the issue is better stated by the simple inquiry: “Were the findings of fact made by the board supported by substantial evidence?” The circuit court filed a detailed opinion that adequately demonstrates why the circuit court concluded, in effect, that the board’s findings were clearly erroneous.
Smyzer filed verified application with the board in March, 1969, in which he claimed that on October 31, 1968, while pushing a janitor’s cart into a rest room in one of his employer’s plant buildings, he slipped on an oily substance on the rest room floor and fell flat on his back. When he testified at a hearing concerning his claim, he said that on October 24, 1968, while he was on his way to the rest room he slipped under his janitor’s cart but caught himself and didn’t fall all the way down.
According to Smyzer’s own testimony, he then went to the nearest plant building office where he found a production clerk, Richard Baker. Smyzer stated: “I told him (Baker) that I thought I had hurt my back and he said, ‘what do you think it is ?’ and I said, T think it is my kidneys.’ ” Baker and other employees then took Smy-zer to the plant dispensary. The nurse on duty told Smyzer the employer could not accept responsibility and suggested that he see his family doctor. Smyzer made no complaint of a fall.
He returned to work at his regular shift but again, according to his testimony, three[*369] weeks later the pain returned and he went back to the dispensary. No mention was made of a fall. In his original testimony, Smyzer did not testify that he told anyone at Goodrich that he fell at the plant. On rebuttal, however, he claimed that he told the personnel supervisor, but this must have been some two months after the event. According to appellant, he was off work for about two months receiving periodic weekly benefits under Goodrich’s weekly group insurance program. In order to secure these group insurance benefits, he had filed a statement that he had injured his back considerably before the alleged incident of his claim while shoveling ashes from a furnace at his employer’s plant.
The evidence also is undisputed that in March 1968, eight months before the alleged fall for which he filed claim, Smyzer reported to the dispensary and told the nurse on duty that, two days before, he went to get in his car at home and felt a pain in his lower back. It is also undenied that on October 24, the date Smyzer testified that he fell in the rest room, he reported to the dispensary before his shift began and told the nurse on duty that his back had started hurting when he was getting into his car that morning. He was given diathermy and advised to see his family doctor. On November 15, 1968, he returned to the dispensary and told the nurse that he bent forward to pick up a bucket and got a catch in the left side of his back again. On November 26, 1968, he again visited the dispensary and told the nurse on duty that he had been to Dr. Auerbach who had indicated the possibility of an old back injury. There was never any mention of a fall.
Appellant produced the testimony of Dr. Auerbach in support of his claim. Dr. Auerbach, however, did not support appellant’s testimony. It was this physician’s testimony that Smyzer’s responses during his visits became so irrational that in the doctor’s opinion Smyzer was no longer susceptible of belief and this impelled the doctor to question his own previous judgment as to the validity of his patient’s original complaints. The doctor said that he finally had concluded that Smyzer had no more than a back sprain.
The board held that Smyzer sustained no permanent disability, but awarded him temporary disability for intermittent periods totaling about two months and also awarded him related medical expenses.
Although a court cannot substitute its evaluation of the weight and credibility of the evidence for that of the Workmen’s Compensation Board, nevertheless, the findings of fact of the board when it decides in favor of the claimant must be supported by substantial evidence. Substantial evidence means evidence of substance and relevant consequence having the fitness to induce conviction in the minds of reasonable men. See O’Nan v. Ecklar Moore Express, Inc., Ky., 339 S.W.2d 466.
In this case, the testimony of the appellant contradicted the statements of fact made in his own verified application for relief. No attempt was made to explain the disparity. The direct evidence revealed merely that he suffered discomfort in his back while working. Neither he nor the witnesses introduced on his behalf would undertake to say that he ever claimed anything happened except that his back was hurt and he thought it was caused by his kidneys. The evidence of the existence of prior back trouble which was not work-connected is undenied and there was no attempted refutation of the significant circumstance that it was two months after the claimed incident that Smyzer advised anybody, either friend or potential foe, of a fall.
We agree with the circuit court that this evidence, both direct and circumstantial, lay and medical, does not have the fitness to induce conviction in the minds of[*370] reasonable men either that Smyzer fell while at work or that if he did fall it was the cause of disability or even subsequent discomfort.
The judgment of the circuit court is affirmed.
All concur.. The trial court correctly quoted the test as expressed in the language of the statute. KRS 342.285(3) (d). This language, however, is merely a description of what is encompassed in the phrase “substantial evidence” as used in the case law. Blankenship v. Lloyd Blankenship Coal Co., Ky., 463 S.W.2d 62 (1971).