No. 00-00514 (2002). Weathers v. Town and Country Ford.

• Case Date: November 27, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-00514 (2002). Weathers v. Town and Country Ford ERSULINE WEATHERS PETITIONER vs. TOWN and COUNTRY FORD, WORKERS' COMPENSATION BOARD and HON. W. BRUCE COWDEN, JR., ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: November 27, 2002CLAIM NO. 00-00514APPEAL FROM HON. W. BRUCE COWDEN, JR., ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Ersuline Weathers ("Weathers") appeals from the decision of Hon. W. Bruce Cowden, Jr., Administrative Law Judge ("ALJ"), dismissing his claim as barred by the statute of limitations. Weathers asserts the statute of limitations was tolled and acknowledges his appeal is dependent upon the Board's interpretation of Galownia vs. Starlink Satellites, 2001-CA-002686-WC, rendered August 2, 2002, now on appeal to the Supreme Court. We believe Galownia, supra, is inapplicable to the facts as determined by the ALJ and, therefore, affirm. Weathers testified by deposition on August 8, 2001. He began for Town and County Ford ("Town and Country") as a car salesman in 1990. Weathers testified that on Sunday, April 26, 1998, he attended church with his brother. He drove a demo car supplied by Town and Country to church and indicated his brother was driving the car when they left church. Weathers' brother had previously bought cars from Town and Country and was interested in buying a car for his wife. Weathers stated he did not need permission from Town and Country to let someone test drive a car as long as he was also in the car at that time. Weathers testified his brother was driving the car home from church, they stopped at an intersection and were struck by a third party from behind. After the collision, Weathers got out of the vehicle and walked around and talked to the other driver and emergency personnel who were on the scene for approximately 45 minutes. He did not experience any pain at that time. Weathers went to work the following Monday morning. He testified he began to feel stiff but continued to work throughout the week. It was not until Saturday that he felt pain and weakness in his back and legs. Weathers stated the next Monday his legs collapsed and it was at that time he sought medical treatment. He initially saw his family physician, Dr. Joseph Bowling, who subsequently referred him to Dr. Gregory Nazar. Weathers eventually underwent a number of surgical procedures, which he indicated made his condition worse rather than better. In September of 1998, Dr. Nazar referred Weathers to Dr. Elmer Dunbar. Dr. Dunbar performed surgery in February 1999 and March of 2000. Weathers stated his private insurance carrier paid all of his medical expenses. He received Social Security disability benefits and also received short term and long term disability benefits through Town and Country. Weathers acknowledged in his deposition that he was not working on the date of the injury and was not scheduled to work that day. He...