No. 00-00357 (2002). Frazer v. Stamler Corp.

• Case Date: August 14, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-00357 (2002). Frazer v. Stamler Corp LELAND FRAZER PETITIONER VS. STAMLER CORPORATION and HON. LAWRENCE F. SMITH, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: August 14, 2002CLAIM NO. 00-00357APPEAL FROM HON. LAWRENCE F. SMITH, ADMINISTRATIVE LAW JUDGE OPINION AFFIRMING ORDER DENYING REQUEST FOR ORAL ARGUMENT * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.GARDNER, Member. Leland Frazer ("Frazer") appeals from an opinion and order rendered by Hon. Lawrence F. Smith, Administrative Law Judge ("ALJ"), dismissing his workers' compensation claim against Stamler Corporation ("Stamler"). The ALJ found that Frazer failed to give due and timely notice pursuant to KRS 342.185. On appeal, Frazer argues the evidence compels a finding that he gave notice of a work-related back injury occurring in August 1998. Frazer, born January 2, 1980, has a tenth grade education. He was hired by Stamler in June 1998 as a drill operator. He testified he worked the second shift, from 3:00 p.m. to 11:00 p.m. Frazer claims a work-related injury occurring on August 11, 1998. According to Frazer, a coworker asked him to carry a heavy piece of equipment. The coworker dropped his end of the equipment, causing Frazer to be pulled forward injuring his back. He testified that he had pain down into his legs and he could not move for approximately fifteen minutes. When he got off the floor, he felt well enough to finish his shift. He testified, however, that he told the production supervisor Mark Barber (Barber), that night of the injury. When his pain increased, Barber sent him home around 9:30 or 10:00 p.m. Frazer testified he told Barber instead of his immediate supervisor, Gayle Crossfield, because Barber was the first supervisor he saw. Frazer testified he saw Dr. Jose Lorenzo the next day and brought in a doctor's excuse from work sometime later. Frazer stated that Dr. Lorenzo gave him pain medication and muscle relaxers, but his condition never improved. When he continued to suffer from pain in his back and leg, Frazer eventually sought treatment from a neurologist, Dr. Regina Raab, who referred him to Dr. Phillip Tibbs, a neurosurgeon. Dr. Tibbs diagnosed a herniated disc at L5-S1 and performed a microdiscectomy on July 12, 1999. Frazer was questioned concerning any injuries suffered prior...