No. 00-68115 (2002). Louisville and Jefferson Cty. v. Smith.

Case DateAugust 28, 2002
CourtKentucky
Kentucky Workers Compensation 2002. No. 00-68115 (2002). Louisville and Jefferson Cty. v. Smith LOUISVILLE and JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT PETITIONER vs. CONRAD SMITH and HON. DONALD G. SMITH, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: August 28, 2002CLAIM NO. 00-68115APPEAL FROM HON. DONALD G. SMITH, ADMINISTRATIVE LAW JUDGE REVERSING AND REMANDING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. STANLEY, Member. Louisville and Jefferson County Metropolitan Sewer District ("MSD") appeals from a decision rendered by Hon. Donald G. Smith, Administrative Law Judge ("ALJ"), awarding Conrad Smith ("Smith") benefits based on a 10% work-related impairment sustained in the employ of MSD. On appeal, MSD argues that the medical evidence of Dr. Gregory Gleis is uncontradicted that Smith had a 5% pre-existing functional impairment rating and therefore, the ALJ erred in failing to apportion that amount as pre-existing active and noncompensable. The facts necessary to decide the issue on appeal are relatively straightforward. Smith, born March 7, 1944, has a twelfth grade education and a three year apprenticeship in ironwork. He worked as a union ironworker for twenty-three years prior to his employment with MSD. He began working as a master mechanic with MSD in October 1985. He explained that he stopped work as an ironworker because the job had worn him down mentally and physically. He admitted there were times when he had problems straightening up because of back problems. While employed as an ironworker, he sought medical treatment for pulled muscles in his back. Smith sustained a work-related back injury in the course of his employment with MSD on September 24, 2000. He admitted to suffering prior work injuries to his back for which he did not file claims. He testified in 1987 that he fell eight or nine feet from scaffolding. In 1995, while lifting a pipe, he sustained an injury to his back. At that time, he treated with Dr. Thomas Lehmann who placed him on light duty work for two months and then returned him to work without restrictions. On September 24, 2000, Smith injured his back when he stepped on a brick and his foot slipped off, causing him to fall to the ground. A short time later, he could hardly move and was transported to the emergency room by ambulance. He underwent back surgery performed by Dr. John J. Guarnaschelli on October 20, 2000. He returned to light duty work in April 2001 and retired in July 2001 because he was transferred to a security job with less pay. At his hearing, he complained of back pain radiating into his left leg with numbness. He continues under the care of Dr. Guarnaschelli and Dr. Ellen Ballard. He did not believe he could return to his past employment. He received a history of the work-related injury and subsequent intractable low back, left hip and left leg pain. Dr. Guarnaschelli first saw Smith on October 11, 2000 at which time he was provided with only a history of Smith's September 24, 2000 work injury. Diagnostic tests results showed large left-sided L5-S1 disc herniation with extruded disc fragment. Dr. Guarnaschelli performed surgery on October 20, 2000, consisting of a decompressive laminectomy...

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