No. 00-01415 (2002). Wauchope v. CPI of TN, Inc.
Case Date | May 15, 2002 |
Court | Kentucky |
Kentucky Workers Compensation
2002.
No. 00-01415 (2002).
Wauchope v. CPI of TN, Inc
KENNETH A. WAUCHOPE
PETITIONER vs. CPI OF TENNESSEE, INC., and HON. JAMES L. KERR, ADMINISTRATIVE
LAW JUDGE RESPONDENTSOPINION ENTERED:
May 15, 2002CLAIM NO. 00-01415APPEAL
FROM HON. JAMES L. KERR, ADMINISTRATIVE LAW JUDGE AFFIRMING
* * * * * * * * * * * *
BEFORE: LOVAN, Chairman, STANLEY and GARDNER,
Members.
LOVAN, Chairman. Kenneth A. Wauchope ("Wauchope")
appeals from the decision of Hon. James L. Kerr, Administrative Law Judge
("ALJ"), finding a work-related fall at CPI of Tennessee, Inc. ("CPI"),
resulted in only a temporary exacerbation of a pre-existing active condition.
Wauchope was injured March 27, 2000, when he fell backwards off
the back of trailer approximately six to seven feet, landing on his right side.
He was taken to Jewish Hospital in Shelbyville, Kentucky, and released on April
3, 2000. Following his release from the hospital, Wauchope did not immediately
return to work. He had to use crutches to get around but did not improve. He
eventually underwent surgery for a total right hip replacement on May 26, 2000.
Wauchope was released to return to work on September 9, 2000 and returned to
work for Bluegrass Trucking soon thereafter.
Wauchope has worked primarily as a truck driver since 1978. He
was involved in an accident while driving a truck in 1980 and sustained a
significant hip injury. Following the 1980 accident, Wauchope had surgery and
remained off work for approximately eight months. He underwent a second surgery
in 1986 for removal of hardware. Wauchope testified he did not have any
problems with his hip after the second surgery in 1986. When questioned about
his visit to Dr. Witten in July 1999, Wauchope stated he saw Dr. Witten for a
regular check-up. He just wanted to have a few x-rays of his hip and check it
out, but he was having no pain and taking no medications. Dr. Witten took
x-rays and told him his hip was fine. He did not recall whether or not there
was any discussion of surgery.
At the hearing, Wauchope stated he did not recall Dr. Witten
recommending he have a hip replacement when he saw Dr. Witten in the summer of
1999. He did not recall saying his pain had increased recently. Wauchope
indicated he had no problems performing his job prior to the fall in 2000 and
had no problems performing his job upon his return to work in September of
2000.
Records from Dr. James Smith indicate Wauchope was seen July 15,
1999, with complaints of right hip pain for one year. He was noted to have no
relief with up to six Advil at a time. Wauchope also complained of low back
pain for three months radiating to the right mid-thigh. His right leg was noted
to be two inches shorter than the left. Dr. Smith referred Wauchope for an
orthopedic consult for a right hip replacement. Notes from July 29, 1999
indicate Wauchope wanted a handicap sticker. At that time the plan was for
Wauchope to have a total hip replacement in November 1999. A March 20, 2000,
note indicates Wauchope he had decided to postpone the right hip replacement.
On April 3, 2000, Dr. Smith indicated his diagnoses were right hip contusion,
improving, and severe post-traumatic arthritis of the right hip.
Dr. Carroll Louis Witten, Jr., testified by deposition and
medical records. Dr. Witten first saw Wauchope on July 29, 1999, on referral
from Dr. Smith due to increasing right hip pain. He noted Wauchope was a
possible candidate for a right hip replacement. He noted the right hip pain
getting progressively worse. Wauchope had a flexion/contraction of the hip,
stiffness, and walked with an obvious limp. X-rays indicated advanced
osteoarthritis secondary to the motor vehicle accident of 1980. Dr. Witten
noted Wauchope stated he...
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