No. 00-61050 (2002). Brown v. Cabinet for Families and Children.

• Case Date: August 28, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-61050 (2002). Brown v. Cabinet for Families and Children JAMES WILLARD BROWN PETITIONER vs. CABINET FOR FAMILIES AND CHILDREN and HON. LLOYD R. EDENS, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: August 28, 2002CLAIM NO. 00-61050APPEAL FROM HON. LLOYD R. EDENS, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. GARDNER, Member. James Willard Brown (Brown) appeals from an opinion, order and award rendered by Hon. Lloyd R. Edens, Administrative Law Judge (ALJ), awarding Brown workers' compensation benefits for an upper extremity injury sustained in the employ of Cabinet for Families and Children (Cabinet). On appeal, Brown argues the ALJ erred in disregarding the unrefuted evidence of Dr. Timothy Coleman. Brown, born July 11, 1942, has a high school education and completed approximately three and one-half years of college. He began working for the Cabinet in June 1964 and retired on December 31, 2001. He stopped working January 4, 2001 and continued to receive his salary in the form of annual leave and sick leave benefits until December 31, 2001. Brown testified that since 1971 he worked for the Cabinet in quality control. He described his work as requiring him to write reports with a number two pencil. Brown stated he began experiencing pain in his right hand in the last week of September 2000. He explained that on Wednesday of that week he was in Louisville and was required to spend six hours writing up a report and began experiencing right hand pain. The following day he attended a meeting and performed no writing. On the next day he experienced pain in his right hand when he awoke and was unable to use his right hand to shave. The following week he was seen at Baptist Regional Medical Center. At his hearing, Brown testified concerning the condition of his right hand. He testified he has pain and loss of grip strength. He stated he is able to hold a pencil and write for a maximum of five minutes. Brown relied on evidence from Dr. Timothy Coleman, a neurologist who examined Brown on April 30, 2000 on referral from Dr. Mark Einbecker, an orthopedic surgeon specializing in hand disease. Dr. Coleman received a history of Brown's upper extremity problems and performed a physical examination. He diagnosed a multitude of problems...