No. 00-63032 (2002). Team Mgmt., Inc. v. Wolford.
Case Date | July 03, 2002 |
Court | Kentucky |
Kentucky Workers Compensation
2002.
No. 00-63032 (2002).
Team Mgmt., Inc. v. Wolford
TEAM MANAGEMENT,
INC. PETITIONER vs. BOBBY WOLFORD and HON. W. BRUCE COWDEN, JR., ADMINISTRATIVE
LAW JUDGE RESPONDENTSOPINION ENTERED:
July 3, 2002
CLAIM NO. 00-63032APPEAL
FROM HON. W. BRUCE COWDEN, JR., ADMINISTRATIVE LAW JUDGE
AFFIRMING
* * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.GARDNER, Member. Team Management,
Inc. appeals from an opinion, order and award rendered by Hon. W. Bruce Cowden,
Jr., Administrative Law Judge (ALJ), awarding Bobby Wolford (Wolford) workers'
compensation benefits for an electric shock injury. The ALJ relied on a 15%
impairment rating assessed by Dr. Granacher for the diagnoses of pain and
dyssomnia. On appeal, Team Management argues there was no objective medical
evidence of an injury and thus, the ALJ's award based on the 15% impairment
rating is not supported by substantial evidence in the record.
Wolford, born January 29, 1971, has an eleventh grade education
and no vocational training. He worked as an underground coal miner for Team
Management. Wolford sustained a work-related injury in the course of his
employment as a belt man with Team Management on October 25, 2000. He received
an electric shock when he came in contact with a breaker box while repairing a
belt. He testified that he lost consciousness and remembering his head jerking
back and seeing a big flash of white light. He testified he was thrown four to
six feet. He was taken by ambulance to Williamsburg Appalachian Regional
Hospital where he was held for four to five hours and released. He saw his
family physician on October 27, 2000, and was referred to a neurologist.
Wolford testified that the shock he received was 575 volts. At
his deposition and hearing, he testified as to his resulting condition. He
stated he had a loss of vision in his left eye, constant headaches, tremors,
and had problems with sleep, concentration and memory. He further described
depression.
Medical evidence in the record came from Dr. James Templin, Dr.
Robert Granacher, Dr. Charles Wheeler and Dr. David Shraberg. Dr. Templin
evaluated Wolford on March 16, 2001. Wolford complained of constant dull pain
in his head, as well as headaches and neck pain. Dr. Templin diagnosed a
history of electrical shock, chronic headache syndrome, history of...
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