CROTHALL PETITIONER
v.
CAROLYN ESTEPP AND HON. PAUL L. WHALEN, ADMINISTRATIVE LAW JUDGE RESPONDENTS
No. 201979578
Kentucky Workers Compensation
Commonwealth of Kentucky Workers’ Compensation Board
February 5, 2021
APPEAL
FROM HON. PAUL L. WHALEN, ADMINISTRATIVE LAW JUDGE.
COUNSEL FOR PETITIONER: LMS HON DAVID D BLACK
COUNSEL FOR RESPONDENT: LMS HON TIM WILSON
BEFORE: ALVEY, Chairman, STIVERS and BORDERS, Members.
OPINION
AFFIRMING
ALVEY,
Chairman.
Crothall,
an entity providing cleaning services for the University of
Kentucky (“UK”) Hospital, appeals from the
Opinion, Award, and Order rendered on September 28, 2020, and
the amended Opinion, Award, and Order issued October 1, 2020
by Hon. Paul L. Whalen, Administrative Law Judge
(“ALJ”). The ALJ determined Carolyn Estepp
(“Estepp”) is permanently totally disabled from
injuries she sustained when she fell in the hallway at the UK
Hospital while working for Crothall. Crothall also appeals
from the Orders the ALJ issued regarding its Petition for
Reconsideration on October 26 and 27, 2020.
On
appeal, Crothall argues the impairment rating issued by Dr.
Frank Burke, Jr., relied upon by the ALJ, is inconsistent
with the 5th Edition of the American Medical
Association, Guides to the Evaluation of Permanent
Impairment (“AMA Guides”). Crothall
also argues the ALJ’s determination that Estepp is
permanently totally disabled is not supported by substantial
evidence. We find the ALJ made the appropriate analysis in
determining Estepp is permanently totally disabled, and
substantial evidence supports his decision. We also find the
ALJ properly exercised his discretion in relying upon the
impairment rating assessed by Dr. Burke, and therefore we
affirm.
Estepp
filed a Form 101 on June 7, 2019, alleging injuries to
multiple body parts when she fell in the hallway at the UK
Hospital while working for Crothall on May 1, 2019. In the
Form 104, Estepp noted she worked in housekeeping for UK from
1989 to 2014. She next worked for Crothall at the UK Hospital
from 2017 until 2019.
Estepp
testified by deposition on August 19, 2019, and at the
hearing held July 29, 2020. Estepp was born on February 18,
1949, and she resides in Lexington, Kentucky. Prior to
working in housekeeping, Estepp operated a screen-printing
machine for approximately two years. Estepp completed the
eleventh grade, and does not have a GED, nor does she have
any specialized vocational training.
Estepp
began working at the UK Hospital for Crothall in 2017. She
cleaned rooms in the labor and delivery area. She testified
her job required changing bed linens, cleaning offices,
cleaning patient rooms, mopping, dusting, cleaning windows
(which required climbing on a step stool), bending, working
on her hands and knees, as well as stooping (to clean
baseboards and under beds). She testified that since her
injury she has difficulty climbing the two steps to enter her
home. She also testified she would be unable to perform her
job duties from a seated position. She has not returned to
work since the date of her injury due to continuing right leg
problems, and she has developed a limp. She has not returned
to work despite being released on September 30, 2019. When
she contacted Crothall about returning to work, she was
advised she was required to re-apply for the position.
On May
1, 2019, Estepp went to the basement of the UK Hospital where
the time clock is located to sign out for lunch. She fell in
the hallway prior to reaching the clock. She testified at her
deposition that she does not know if she slipped, stumbled,
or tripped. She was unsure why she fell. She testified she
has no history of fainting, dizziness, or right leg problems.
She experienced immediate right leg pain after she fell. She
stated she has continued to experience pain from her right
hip to her ankle since the accident. After she fell, several
co-workers gathered around her, her supervisor helped her
into a chair, and she was wheeled into the office. Her
supervisor reported the incident to the...
