No. 00-68339 (2002). Givens and Houchin, Inc. v. Patterson.

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

Kentucky Workers Compensation 2002. No. 00-68339 (2002). Givens and Houchin, Inc. v. Patterson GIVENS and HOUCHIN, INC. PETITIONER vs. EDWIN R. PATTERSON and HON. RONALD E. JOHNSON, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: September 25, 2002 CLAIM NO. 00-68339APPEAL FROM HON. RONALD E. JOHNSON, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. STANLEY, Member. Givens and Houchin, Inc. ("GH") appeals from a decision rendered April 15, 2002, by Hon. Ronald E. Johnson, Administrative Law Judge ("ALJ"), granting the respondent, Edwin R. Patterson ("Patterson"), an award of total and permanent occupational disability benefits. GH also appeals from an order issued June 3, 2002, summarily denying its petition for reconsideration. On appeal, GH takes issue with the recitation of the ALJ's findings of fact and listing of stipulations. GH contends that by applying the law to the facts of this case, the ALJ's written opinion demonstrates he misinterpreted the evidence. Specifically, GH cites to the benefit review conference order and memorandum setting out the fact that it stipulated that Patterson no longer retains the physical capacity to return to his "former work." However, in the ALJ's summary of those stipulations, he listed the stipulation as stating that the parties agreed that the claimant no longer retains the physical capacity to return "to work." GH maintains the evidence compels a finding that Patterson is only partially disabled and that the ALJ's misstatement of the stipulation which he in part relied upon in reaching his ultimate result in this case, implies that no independent consideration was given to the actual medical proof. Having thoroughly reviewed the evidence of record and the applicable law, we find no merit with regard to GH's arguments. Consequently, we affirm. Patterson was born on February 15, 1947, and is a resident of Falls of the Rough, Grayson County, Kentucky. He has a high school education and no specialized or vocational training. The respondent's past relevant work experience consists almost exclusively of employment as a construction worker, truck driver, and heavy equipment operator. Patterson entered the employ of GH in September 1995 as a truck driver. On September 11, 2000, he suffered a work-related injury. On that occasion, Patterson was standing on top of a load of logs on the back of his truck in the rain attempting to adjust the straps when he slipped and fell approximately twelve feet, striking the truck bed before landing on the ground. As a result, the respondent suffered injuries to his back and right hand. Patterson did not initially seek medical treatment on the day of his accident, but rather finished his haul to Edinburg, Indiana. Two days later on September 13, 2000, he went to Dr. Frederick Huffnagle at Twin Lakes Regional Medical Center where he was x-rayed, prescribed pain medication, and taken off work. Patterson returned to Dr. Huffnagle three weeks later and a course of physical therapy was prescribed. A lumbar MRI was eventually performed and on January 16, 2001, Patterson underwent a percutaneous discectomy to address a herniated disc at L4-5. Since that time, Patterson has continued to experience problems involving his back and right hand. He has not returned to work anywhere since the date of his accident. Patterson filed an Application for Resolution of Injury Claim with the Department of Workers' Claims on August 15, 2001. Initially, Patterson's case was assigned to ALJ Thomas Nanney for purposes of final adjudication, but was later transferred to ALJ Johnson. Evidence submitted for the ALJ's consideration consisted of medical records and/or reports from Dr. Huffnagle, Dr. David Changaris, Dr. Martyn Goldman, Dr. Tsu-Min Tsai, and Twin Lakes Regional Medical Center. Dr. Huffnagle first saw Patterson for treatment on September 13, 2000. At that time, Patterson reported an appropriate history of injury and listed his primary complaints as: (1) low back pain with radiation into the posterior aspect of the right leg; (2) pain between his shoulders; and (3) right hand pain. Dr. Huffnagle's physical examination documented the presence of muscle spasms in Patterson's low back, as well as swelling of the dorsum of the right hand. X-rays performed at that time revealed evidence of a questionable retrolysthesis at L4-5. Dr. Huffnagle's initial impression was acute back strain/sprain. Consequently, the doctor recommended that Patterson be taken off work. Dr. Huffnagle next saw Patterson on September 22, 2000, for ongoing symptoms and recommended an MRI and physical therapy. The MRI of Patterson's lumbar spine was conducted on September 27, 2000 and revealed evidence of a desiccated bulging disc at the L4-5 level. As a result, Dr. Huffnagle recommended surgery in the form of a...