Jones v. Jack Cooper Transport Co. Inc., 022318 KYWC, 201476003

Case DateFebruary 23, 2018
CourtKentucky
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
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