No. 00-69127 (2002). Laurel Cookie Factory v. Forman.

Case DateFebruary 20, 2002
CourtKentucky
Kentucky Workers Compensation 2002. No. 00-69127 (2002). Laurel Cookie Factory v. Forman LAUREL COOKIE FACTORY PETITIONER vs. ANNA FORMAN and HON. JOHN B. COLEMAN, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: February 20, 2002 CLAIM NO. 00-69127APPEAL FROM HON. JOHN B. COLEMAN, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Laurel Cookie Factory ("Laurel") appeals from the decision of Hon. John B. Coleman, Administrative Law Judge ("ALJ"), awarding temporary total disability benefits and permanent partial disability benefits to Anna Forman based upon an 8% functional impairment rating. Forman filed this claim alleging that on September 1, 2000 she injured her low back, right knee, right leg, head and neck. Forman testified she slipped in water in the break room at Laurel. She fell to her right knee and onto to her buttocks. She had an immediate onset of pain in her right knee and lower back. Forman testified that Tammy Jackson, who was in the break room at that time, helped her up. She indicated the incident took place close to the end of her shift on a Friday. She worked the following Monday and Tuesday before seeing Dr. Lester on September 6. Forman has not worked since September 6, 2000 and has not applied for employment. At the hearing, Forman testified she continued to have problems with muscle spasm in her legs, constant headaches, back pain, inability to sleep due to pain, and inability to take care of her children. She was being treated by Dr. Robert Hoskins. Following testimony by Tammy Jackson, on redirect Forman contradicted testimony of Jackson and again asserted Jackson had, in fact, helped her up following the fall. Forman further indicated Jackson's testimony concerning her knee being red was not correct because she was wearing pants with tight legs and could not have pulled her pant legs up to show her knee. Forman also contradicted Jackson's testimony that she hit her hand on the table as she fell. She stated that after the fall, she was sitting on the floor and not in a crouched position as testified to by Jackson. Tammy Jackson, an employee of Laurel, testified at the hearing. Jackson said she did not actually see Forman fall. She heard Forman's hand slap the table and, when she saw Forman, Forman was in a squatting position and was "kind of" tilted back. She denied assisting Forman in getting off the floor, rather Forman pulled herself up. Jackson indicated no one else assisted Forman up from the floor. She asked Forman if she was going to be all right and Forman replied her knee hurt. Forman kept rubbing the knee and it was kind of red. She also testified Forman stated "she had hurt her butt bone in the past and then it was bothering her or something. I'm not for sure." Dr. Werner Grentz's medical records covering the period of September 13, 2000 through December 4, 2000 were introduced. Dr. Grentz first saw Forman September 13, 2000, receiving a history of the onset of back pain on September 1. He took a history of Forman slipping in some water at work and falling. On October 25, 2000, Dr. Grentz noted Forman was still having pain and physical therapy made the pain worse. His December 4, 2000 record gives an impression of low back and neck pain. Dr. Grentz indicated Forman was to be off work from December 4, 2000 through January 4, 2001. Additionally records from Dr. Grentz established Forman was seen for abdominal pain and frequent back pain in September of 1997. She presented on September 8, 1997 with abdominal pain and frequent vomiting and diarrhea. These records did not address the cause of the back pain. Dr. Grentz's plan was to obtain an ultrasound of the gallbladder. Dr. Stephen P. Kiefer saw Forman on referral from Dr. Grentz on September 27, 2000 and October 11, 2000. He took a history of a fall on September 1, 2000. Forman complained of back pain radiating into her neck, headaches, pain extending into the posterior thigh bilaterally and pain in the right knee region. Dr. Kiefer interpreted x-rays of the back and CT scan of the lumbar region as showing a small anterior inferior chip fracture off the L4 vertebral body. A bone scan revealed no abnormalities. An MRI revealed minimal degenerative signal change within the lumbar disk and minimal degenerative facet change was noted in the lower lumbar spine. Dr. Kiefer's diagnosis was diffuse soft tissue strain and Forman's injury was the cause of the complaints. However, using the most recent AMA Guides, Forman would have a 0% impairment. He believed Forman's condition was not due to the arousal of any pre-existing, dormant, nondisabling condition. He indicted Forman retained the physical capacity to return to the type of work performed at the time of the injury without restrictions. Dr. Gregory T. Snider examined Forman on January 2, 2001. Dr. Snider took a history of the September 1 fall at work on a wet floor, striking her right knee and then falling onto her buttocks. Forman complained of low back pain, headache, right knee pain and right foot numbness. He interpreted x-rays of Forman's neck taken at that time as revealing only slight straightening of the cervical curvature. His diagnosis was low back pain, headache and symptom magnification. He indicated her complaints were not related to...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT