No. 00-00096 (2002). Bradley v. Bluegrss Airport.

• Case Date: January 16, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-00096 (2002). Bradley v. Bluegrss Airport GAYLEN BRADLEY F/K/A WILLIAMS PETITIONER VS. BLUEGRASS AIRPORT; SPECIAL FUND and HON. RONALD W. MAY, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: January 16, 2002CLAIM NO. 00-00096APPEAL FROM HON. RONALD W. MAY, ADMINISTRATIVE LAW JUDGE AFFIRMINGBEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.STANLEY, Member. Gaylen Bradley ("Bradley) appeals from an opinion and order rendered by Hon. Ronald W. May, Administrative Law Judge, finding no increase in occupational disability on a reopened claim and dismissing a newly filed claim. On appeal, Bradley argues she is totally occupationally disabled pursuant to Osborne v. Johnson, Ky., 432 S.W.2d 800 (1968). Bradley, born October 28, 1960, sustained a repetitive trauma injury in the course of her employment with Bluegrass Airport ("Bluegrass") culminating on October 8, 1993. She underwent surgery to her left upper extremity in 1994 and returned to modified duties with the employer in 1995. An Administrative Law Judge approved a settlement agreement on May 13, 1996, which provided for a lump sum payment based on a permanent partial disability rating of 22.5%. The nature of the injury was listed as bilateral carpal tunnel syndrome and overuse syndrome. The cause of the accident was listed as continuous use of hands, wrists, and arms, affecting hands, wrists, arms, and neck. Bradley also filed a claim for a new injury to the low back occurring on March 9, 1999. Bradley's reopening of the 1993 claim was consolidated with the 1999 low back injury claim. Bradley has a twelfth grade education and fifteen to eighteen hours of college credit and specialized training in secretarial and office administration. Her work history includes employment as a cashier, stocker for grocery outlets, work in a county clerk's office, as a switchboard operator, and as an admissions clerk for a hospital. She began working for Bluegrass in 1988 as a receptionist/secretary. She was hired by John Rhodes who was the individual who hired her at her previous employment at a hospital. In 1990 or 1991, she was promoted to a bookkeeping position. According to Bradley, she began experiencing upper extremity problems in 1993. Her first symptoms were numbness, pain, stiffness, and swelling. The symptoms became progressively worse and spread into her elbows. She further testified she was having cervical difficulties at this time. She continued to work until December 2, 1993, when her surgeon, Dr. Garnett Sweeney, took her off work. Bradley returned to work on January 26, 1994, and worked until February 9, 1994, when she was placed on medical leave by Bluegrass. On June 2, 1994, Bradley underwent carpal tunnel surgery and proximal median nerve release at the elbow on the left side. She returned to work in November 1995. Upon her return to work, Bluegrass made accommodations so that Bradley could return to her job. The employer revised her job to reduce repetitive hand movement. Bluegrass obtained an ergonomic evaluation of Bradley's work area to determine how best to accommodate any problems she had. Bradley, as well as John Rhodes, Director of Administration and Finance, and Connie Crawford, in personnel, agreed that all attempts for accommodation were made. She was not required to do any bookkeeping other than the daily deposit. A headset, wrist rest for the computer, wrist rest for the calculator, new chair, and automatic stapler were purchased for her. She was allowed to go to the employee lounge or workout center and lay down if her...