No. 00-63005 (2002). Delta Electric v. Goodpaster.

Case DateMay 15, 2002
CourtKentucky
Kentucky Workers Compensation 2002. No. 00-63005 (2002). Delta Electric v. Goodpaster DELTA ELECTRIC PETITIONER vs. SAM GOODPASTER and HON. SHEILA C. LOWTHER, CHIEF ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: May 15, 2002CLAIM NO. 00-63005APPEAL FROM HON. SHEILA C. LOWTHER, CHIEF ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. GARDNER, Member. Delta Electric (Delta) appeals from an opinion and award rendered by Hon. Sheila C. Lowther, Chief Administrative Law Judge (CALJ), awarding Sam Goodpaster (Goodpaster) benefits for a work-related back injury sustained in the employ of Delta. The ALJ determined that Goodpaster had an 8% functional impairment pursuant to the Fourth Edition of the American Medical Association, Guides to the Evaluation of Permanent Impairment (Guides) as assessed by Dr. Robert Keisler. She applied the 1.5 multiplier of KRS 342.730(1)(c)1. and refused to apply the .5 multiplier of KRS 342.730(1)(c)2. On appeal, Delta raises issues concerning the CALJ's findings of work-relatedness, reliance on an impairment rating pursuant to the Fourth Edition of the Guides and the application of the 1.5 multiplier and not the .5 multiplier. Goodpaster, born April 27, 1960, has a twelfth grade education and vocational training as an electrician. His work history consists of employment as a farmer; as a non-union electrician; and, beginning in 1996, as a union electrician. According to Goodpaster, he sustained an injury to his low back on June 26, 2000 in the course of his employment as an electrician with Delta. He testified he was moving an extension ladder when he experienced a sudden, stabbing pain in his low back. He reported the injury to his supervisor and was first treated by Dr. Ellen Ballard on referral from his employer. Dr. Ballard referred Goodpaster to Dr. Petruska, who became his treating neurosurgeon. Goodpaster continued to work until September 2000, when he was first taken off work by Dr. Ballard. He returned to work on March 14, 2001, when he asked Dr. Petruska to return him to regular duty work. He first worked for Delta Electric and then obtained a job in June 2001 with Triple A Electric Company (Triple A) near Indianapolis, Indiana. Concerning his wages, Goodpaster testified that while working for Delta he made slightly more than $23.00 per hour and regularly worked forty hours per week. While working for Triple A, he was paid $26.15 per hour. According to Goodpaster, after working for Triple A for several weeks his symptoms intensified and he began to have increased back and leg pain and started missing work. He testified he was laid off from Triple A on November 12, 2001 because he had missed so much time from work. At the time of his hearing, Goodpaster was not employed. He testified he was seeking work through his union hall; however, he felt he could not perform the heavier jobs in his field. He thought he could perform light commercial work. A review of his wage records from...

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