ROBERT JONES PETITIONER
v.
JACK COOPER TRANSPORT CO. INC. and HON. GRANT S. ROARK, ADMINISTRATIVE LAW JUDGE RESPONDENTS
No. 201476003
Kentucky Workers Compensation
Commonwealth of Kentucky Workers’ Compensation Board
February 23, 2018
APPEAL
FROM HON. GRANT S. ROARK, ADMINISTRATIVE LAW JUDGE.
COUNSEL FOR PETITIONER: HON MICHAEL LINDSEY
COUNSEL FOR RESPONDENT: HON BRIAN GANNON
BEFORE: ALVEY, Chairman, STIVERS and RECHTER, Members.
OPINION
STIVERS, Member.
Robert
Jones (“Jones”) appeals from the July 21, 2017,
Opinion and Order and the September 5, 2017, Order ruling on
Jones’ petition for reconsideration of Hon. Grant
Roark, Administrative Law Judge (“ALJ”). In the
July 21, 2017, Opinion and Order, the ALJ dismissed
Jones’ claim for an alleged work-related left knee
injury. On appeal, Jones asserts the ALJ’s decision is
not supported by substantial evidence.
The
Form 101 alleges Jones sustained an injury to his left knee
on July 3, 2014, in Atlantic City, New Jersey while in the
employ of Jack Cooper Transport Co. Inc. (“Jack
Cooper”) in the following manner: “Strain or
Injury by, NOC.”
On
February 9, 2017, Jones filed a Motion to Bifurcate the claim
for a decision solely on the issues of causation and the
reasonableness and necessity of medical treatment for the
injury and to place the claim in abeyance. By Order dated
March 20, 2017, the ALJ sustained Jones’ motion.
The May
11, 2017, Benefit Review Conference (“BRC”) Order
and Memorandum lists the following contested issues:
work-relatedness/causation. Under “other matters”
is the following: “Hearing on bifurcated issues.”
On May
15, 2017, Jones filed a “Motion to Amend BRC Order and
Memorandum” requesting the ALJ include temporary total
disability as a contested issue. By Order dated June 14,
2017, the ALJ sustained Jones’ motion.
Jack
Cooper filed the November 1, 2016, Independent Medical
Examination (“IME”) report of Dr. Thomas
O’Brien. After performing a physical examination and a
medical records review, Dr. O’Brien set forth the
following “impression”:
Robert Jones is a 54-year-old male who has a diagnosis of
degenerative chondromalacia/arthritis of the left knee. Mr.
Jones’ work activities as a truck driver for Jack
Cooper Transport did not cause an ‘injury.’ Mr.
Jones’ work activities working as a truck driver did
not play a material contributory causal role in either
causing a degenerative chondromalacia/arthritis or quadriceps
tendinitis. Mr. Jones’ condition is due to a
combination of nonrelated factors including his age, his
obesity, his abuse of tobacco as well as a diagnosis of gout.
Mr. Jones has a history of right knee complaints and a
diagnosis of having gout. The combination of gout, his weight
and tobacco abuse has resulted in degeneration of both knees.
The degeneration involves the Hyland cartilage as well as the
supporting soft tissues (i.e., quadriceps tendon). Mr. Jones
may have experienced a manifestation of his symptoms with
both work activities and activities of daily living. His work
...