No. 00-01254 (2002). Bishop v. Apparel Group-Enro.

• Case Date: May 08, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-01254 (2002). Bishop v. Apparel Group-Enro DOROTHY J. BISHOP PETITIONER vs. THE APPAREL GROUP-ENRO, AS INSURED BY ROYAL and SUNALLIANCE; THE APPAREL GROUP-ENRO, AS INSURED BY AID COMPANY; and HON. J. KEVIN KING, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: May 8, 2002CLAIM NO. 00-01254APPEAL FROM HON. J. KEVIN KING, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Dorothy J. Bishop ("Bishop") appeals from the decision of Hon. J. Kevin King, Administrative Law Judge ("ALJ"), awarding her temporary total disability and permanent partial disability benefits. The sole issue on appeal is whether the ALJ erred in terminating temporary total disability benefits as of the date Bishops treating physician released her to light duty work rather than the date she reached maximum medical improvement. Bishop began working for The Apparel Group-Enro ("Enro") in 1966. She was working as a t-shirt inspector on January 28, 1999 when she felt a sharp stabbing pain in her shoulder. She immediately reported the pain to her supervisor and sought treatment on January 29, 1999 with Dr. Bing Crosby, a chiropractor. Bishop saw Dr. Sabharwal, who provided treatment, including a cortisone injection. Bishop continued to work until the factory was closed on May 19, 1999. From the date of the injury in January 1999 until the closing, she performed her work in a different manner than she had previously. Bishop indicated that prior to the injury she would lift a shirt to an overhead height, hang it from two clamps and then pull the shirt down quickly. After the injury, she performed the work on a table. Her output decreased following the injury, but this was partially because of a slow down and partially because of her pain. She came under the care of Dr. Gary F. Bloemer, who eventually performed left shoulder arthroscopic surgery on July 6, 1999. Bishop did not feel she could return to any of her past work and did not think she would be able to do any type of work requiring the use of the left upper extremity to any significant degree. Both Bishop and Enro introduced medical records from Dr. Bloemer, and Enro also introduced the deposition of Dr. Bloemer. Dr. Bloemer first treated Bishop for shoulder pain on May10, 1999. He...