No. 00-58420 (2002). Eagle Carriers v. Gregory.

• Case Date: March 13, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-58420 (2002). Eagle Carriers v. Gregory EAGLE CARRIERS PETITIONER vs. TROY GREGORY and HON. J. KEVIN KING, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: March 13, 2002 CLAIM NO. 00-58420APPEAL FROM HON. J. KEVIN KING, ADMINISTRATIVE LAW JUDGEAFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.GARDNER, Member. Petitioner, Eagle Carriers (Eagle), appeals from a decision by Hon. J. Kevin King, Administrative Law Judge (ALJ), awarding respondent, Troy Gregory (Gregory), permanent partial disability benefits as a result of a combination of traumatic and psychological work-related injuries. On appeal, Eagle contends the ALJ erred in 1) relying on an impairment rating not assessed in conformity with the American Medical Association, Guides to the Evaluation of Permanent Impairment (Guides); 2) awarding benefits based upon psychological and psychiatric factors; and, 3) awarding payment for medications prescribed for conditions that predated the injury. Gregory filed his application for resolution of injury claim on March 9, 2001. Gregory alleged injuries to his neck and low back sustained in a vehicular accident when he was rear-ended by a semi tractor-trailer. The matter was tried before the ALJ on July 24, 2001, and at the hearing Gregory testified, for the first time, as to condition that would support a claim for a psychiatric injury. The ALJ granted a request by Gregory's counsel for additional time to explore that issue, and on August 22, 2001, the ALJ allowed Gregory to amend his claim to include a psychological disability. Gregory testified that in the early 1980s he underwent surgical treatment for scoliosis, in the form of placement of a Harrington Rod. He stated that after the surgery he was allowed to return to work without restrictions, but that he occasionally suffered from pain. Gregory testified he sought relief from Dr. Patton, his family doctor, who prescribed medication in the form of OxyContin, Demerol and Percodan. Gregory stated that the surgery allowed him to carry on a normal life, which included working, hunting, fishing, playing golf and softball and coaching. Gregory stated that on September 27, 2000 he was driving a semi tractor-trailer when he was rear-ended by a loaded semi dump truck. Gregory testified that he now has significant pain in his neck, back and shoulders and suffers from daily headaches. Gregory testified that he is depressed and has difficulty sleeping. He stated that Dr. Patton is treating these conditions with increased pain medication and antidepressants. Medical evidence in this claim comes by way of the reports, records, and/or depositions of Dr. John Patton, Dr. James Templin, Dr. Gregory T. Snider, Dr. James R. Bean, Dr. Scott Mohler and Dr. David Shraberg. Dr. Patton's records were filed on behalf of Gregory. Many of the notes contained within those records are illegible; however, it appears Dr. Patton treated Gregory for back pain as early as October 3, 1998. Dr. Patton saw Gregory intermittently prior to the work-related event for complaints of back pain. Dr. Patton prescribed various medications including OxyContin and Percodan. In a December 2, 1999 office note, Dr. Patton also indicated Gregory was not coping and diagnosed depression. We are unable to decipher from Dr. Patton's office notes exactly what medication, if any, was prescribed for this condition. It is apparent, however, that after the work injury Dr. Patton increased the dosage of the pain medication OxyContin from twenty milligrams to forty milligrams. Dr. Templin examined Gregory on April 17, 2001. Gregory presented...