No. 00-70758 (2002). Goodwill Industries v. Hafley.

• Case Date: October 30, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-70758 (2002). Goodwill Industries v. Hafley GOODWILL INDUSTRIES OF KENTUCKY PETITIONER vs. LORINE HAFLEY and HON. R. SCOTT BORDERS, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: October 30, 2002CLAIM NO. 00-70758APPEAL FROM HON. R. SCOTT BORDERS, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Goodwill Industries of Kentucky ("Goodwill") appeals from the decision of Hon. R. Scott Borders, Administrative Law Judge ("ALJ"), awarding Lorine Hafley ("Hafley") permanent partial disability benefits for injuries to her shoulder and cervical spine. Goodwill argues the ALJ's findings regarding causation are not supported by the record and there is no medical evidence relating the functional impairment rating for Hafley's neck to the alleged injury. Hafley, who was 62 years of age at the time of the hearing, completed the ninth grade and received no formal specialized or vocational training. Her work history includes working as a cook for seven years, cashier for seven years and, since 1990, as a production clerk/assistant manager for Goodwill. Hafley testified her duties consisted of unloading trucks which would contain furniture, refrigerators, washers and dryers, or bags of clothing. She spent much of her time unloading and sorting bags of clothing and other items to determine what was to be sold and what was to be salvaged. She frequently had to lift 35 to 50 pounds and push or pull a cart weighing approximately 250 pounds several times a day. Hafley testified she suffered a work-related injury on August 17, 2000. She lifted a table out of a cart and within minutes noticed some right-sided chest pain which became severe. She reported the incident to her supervisor, Martha Peel. Hafley was seen at the emergency room and treated by Dr. Wayne Marlowe at that time. She was diagnosed with chest wall pain with costochondritis. Hafley sought follow-up treatment with Dr. Royse, her family physician. She was having pain in the ribs, back and neck. She returned to work a few weeks following the August 17, 2000 accident but worked reduced hours with restrictions of no lifting greater than 25 pounds. Hafley testified that upon her return to work she mainly sat in a chair and put tags on clothing but did not actually perform any lifting. She continued to work in this capacity until sometime in either November or December 2000 and left Goodwill because of an increase in pain. Hafley testified she continues to have problems turning her neck and doing so causes severe pain. Since the work injury she has difficulty sleeping and will wake up after approximately one or two hours due to muscle spasms. Hafley testified concerning a number of previous falls. In October 1996, she fell at work injuring her back and was seen by a chiropractor. During the adjustments of her back, the chiropractor pushed on her causing a pop in her chest. Hafley indicated she recovered from the 1996 injury and was able to work until the time of another injury in June 1998. At that time, she fell at work jerking her neck and injuring her back, shoulders and knees. She fractured her left wrist and wore a cast until August 1998. She returned to work prior to removal of the cast. The fracture had healed and she had no problems thereafter. Hafley testified her problems following the June 1998 injury were different than her current problems and the pain was on the left side after the 1998 injury and now she has right-sided pain. She was able to work without physical limitations and was able to work full-time until the August 2000 injury. Hafley also testified concerning a fall at her home in March 2000. She fell over a garbage bag and turned her ankle...