No. 00-01415 (2002). Wauchope v. CPI of TN, Inc.

Case DateMay 15, 2002
CourtKentucky
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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