No. 00-00681 (2002). Dixon v. Amer. General Life and Accident.

• Case Date: January 30, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-00681 (2002). Dixon v. Amer. General Life and Accident CLARISSA J. DIXON PETITIONER vs. AMERICAN GENERAL LIFE and ACCIDENT and HON. RONALD E. JOHNSON, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: January 30, 2002CLAIM NO. 00-00681APPEAL FROM HON. RONALD E. JOHNSON, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Clarissa J. Dixon ("Dixon") appeals from the decision of Hon. Ronald E. Johnson, Administrative Law Judge ("ALJ"), dismissing her claim for failure to prove her medical condition was caused by a work-related incident. Dixon alleges she was injured on July 15, 1999 while working for American General Life and Accident ("American General"). She alleges on that date she pulled to the side of the road to get some information regarding directions to her next appointment from the back of her car. While doing so, a man came from behind, grabbed her by the arm and demanded money. She struggled and broke free, but the man hit her, knocking her down on the blacktop. She fell on her face. She claimed to have told her supervisor, Joe Hamner, about the incident. She took care of herself for a while and eventually sought treatment from Dr. Phillip Hunt. Dixon testified she talked to Tony Graham at the McCracken County Sheriff's Department the next day. In her deposition, she testified that prior to the assault she was never sick, didn't have any problems and would just go for a check-up every year. Dixon sought treatment from Dr. Hunt on July 28, 1999 and at that time was having pain in her shoulders and back and her right arm was hurting as well. Dr. Hunt referred her to a neurologist, Dr. William Hogancamp. Dixon testified she kept having blackout spells and went to the hospital on October 12, 1999. She continued to have blackout spells and the medication she received at the hospital did not help with the spells. She still has blurred vision and is totally disabled and stopped working on September 17, 1999. Dixon alleges she developed irritable bowel syndrome from taking muscle relaxers for musculoskeletal injuries from the alleged assault. She indicated she was in the process of a divorce but it was not a stressful situation for her. Dixon indicated all of her problems related to the work injury. As a result of her injury at work, she has irritable bowel syndrome, fibromyalgia, swelling in the lower spine and muscles, and severe headaches. She has never had any problems with her back prior to the assault and had never received any treatment for problems due to stress. She also denied any treatment for irritable bowel syndrome prior to the assault. At the hearing, Dixon gave essentially the same account of the assault. She testified she called the police the next morning and thought it was the McCracken County Sheriff's Department but it could have been the city police. She stated the police came out and took a report from her. Dixon testified she had been married eight times and that only one of her husbands, Ed Wallace, had been abusive to her. She had a problem with her most recent husband and he came out and took her car. She went to the courthouse to get her car back and was told that getting an emergency protective order was the only way to get her car back. This husband was not abusive to her at all and was not dangerous. She testified she had problems of irritable bowel syndrome, fibromyalgia, problems with her lower spine and severe headaches as a result of the injury. She again stated she never had any treatment for irritable bowel syndrome or anxiety prior to the assault. When confronted with prior medical records showing that she indeed had multiple treatments for irritable bowel syndrome, Dixon stated it was because of surgery she had and it was not what she had now. She indicated that when she denied it in the past it was because she didn't understand. At the time of the attack she had no other stressers in her life. When asked why her domestic violence petition and emergency protective order indicated her ex-husband had made threatening phone calls to her and had taken her car, if that were not true, she stated she did not know. A pipe bomb had been detonated under her car but was not a stresser in her life because it did not hurt anybody and did not hurt her. She testified she had not...