No. 00-01474 (2002). Ruskin Mfg. v. Polifranc.

• Case Date: January 09, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-01474 (2002). Ruskin Mfg. v. Polifranc RUSKIN MANUFACTURING PETITIONER vs. RESILIA POLIFRANC and HON. DONALD G. SMITH, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: January 9, 2002CLAIM NO. 00-01474APPEAL FROM HON. DONALD G. SMITH, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.STANLEY, Member. Ruskin Manufacturing ("Ruskin") appeals from an opinion and award rendered by Hon. Donald G. Smith, Administrative Law Judge ("ALJ"), wherein he found Resilia Polifranc ("Polifranc") to have sustained a work-related back injury resulting in a 5% impairment rating. On appeal, Ruskin argues the ALJ erred as a matter of law in awarding income and medical benefits. It submits: (1) the impairment rating was due to pre-existing active conditions; (2) there is no objective medical findings to support an award of benefits; and (3) the ALJ's reliance on Dr. James Owen's testimony constitutes reversible error. Polifranc, born April 25, 1970, has a twelfth grade education obtained in her native Haiti. She began working for Ruskin in June 1997 as a welder. Polifranc has sustained a series of work-related back injuries in the course of her employment with Ruskin. In November 1997, she sustained a back injury at work but did not miss any work due to this injury. Soon thereafter, she was involved in a nonwork-related automobile accident and was off work for six weeks. She testified she initially returned to light duty work for one week and then to full duty work thereafter. Polifranc sustained another work injury in August 1998 when she bent over to pick something up and felt a pop in her back. She testified she did not miss any work as a result of this injury and after being on light duty work for a month or two, returned to full duty work with no problems. She then sustained a strain of the gluteus maximus in February 1999 and did not miss any work, but was put on light duty work for more than one month. She then returned to full duty work. Polifranc's most recent work injury occurred on June 10, 2000. She testified that while turning around, she backed into an aluminum blade and injured the right side of her low back. She sought treatment at the Lexington Clinic, was put on light duty work for two months, and returned to full duty work for one day. According to Polifranc, the next morning she could not stand and her right side was numb. When she informed Ruskin she was unable to perform her duties, she was fired. Polifranc testified that following her job with Ruskin, she was out of work for five months and is currently working at a nursing home doing essentially housekeeping tasks such as making beds. Polifranc admitted she applied for unemployment following her dismissal from Ruskin, but did not understand that in order to collect unemployment she had to be willing and able to work. Polifranc testified at her...