No. 00-62872 (2002). Marriott Courtyard v. Carpenter.

• Case Date: September 25, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-62872 (2002). Marriott Courtyard v. Carpenter MARRIOTT COURTYARD PETITIONER vs. GEORGE CARPENTER and HON. W. BRUCE COWDEN, JR., ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: September 25, 2002CLAIM NO. 00-62872APPEAL FROM HON. W. BRUCE COWDEN, JR., ADMINISTRATIVE LAW JUDGE AFFIRMING IN PART, REVERSING IN PART AND REMANDING * * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Marriott Courtyard ("Marriott") appeals from the decision of Hon. W. Bruce Cowden, Jr., Administrative Law Judge ("ALJ"), awarding George Carpenter ("Carpenter") temporary total disability benefits for the period of November 2, 2000 through October 1, 2001, excluding those periods in which Carpenter actually returned to work. Carpenter began working for Marriott in September of 2000. Prior to working for Marriott he had a varied work experience. On October 22, 2000, Carpenter was injured when he was struck by an air conditioning unit that was dropped onto him causing him to fall from a ladder. He sustained injuries to his head, shoulders, low back and knees. Although Carpenter initially testified he had never had any neck or back problems, subsequent evidence developed to reflect a number of injuries, including more than one workers' compensation claim. Additionally, he was involved in an automobile accident and had lengthy periods in which he did not work. After his injury, Carpenter was taken to the hospital where he received stitches and was released. He missed a few days of work, then returned but was only able to work one day. He eventually ceased working for Marriott. Carpenter was under the care of several different physicians and, at one point, was released to return to work first on light duty and then to full activities. He first attempted a return to work in January 2001 but testified working as a cook for Ryan's Steak House involved a great deal of lifting of steaks and Carpenter found he was physically incapable of doing that. Carpenter left Ryan's and went to work for John Logan's Drywall doing construction work but again was unable to engage in those activities for any significant period of time. He next worked for Environmental Resources, which entailed removing asbestos. He worked there approximately one month and according to him left because...