No. 00-71637 (2002). Edwards v. Federal Express Corp.

Case DateJanuary 09, 2002
CourtKentucky
Kentucky Workers Compensation 2002. No. 00-71637 (2002). Edwards v. Federal Express Corp ARNOLD EDWARDS PETITIONER vs. FEDEARL EXPRESS CORPORATION and HON. LLOYD R. EDENS, ADMINISTRATIVE LAW JUDGE RESPONDENTS and FEDERAL EXPRESS CORPORATION PETITIONER vs. ARNOLD EDWARDS and HON. LLOYD R. EDENS, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: January 9, 2002CLAIM NO. 00-71637 APPEAL FROM HON. LLOYD R. EDENS, ADMINISTRATIVE LAW JUDGE AFFIRMING and REVERSING and REMANDING * * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Arnold Edwards ("Edwards") and Federal Express Corporation ("Federal Express") appeal from the decision of Hon. Lloyd R. Edens, Administrative Law Judge ("ALJ"), in which the ALJ found Edwards to have sustained a work-related injury to his right shoulder in September 1998 and to his left shoulder sometime in 2000, concluding that as a result of the right shoulder injury Edwards had a 6% impairment and as a result of the left shoulder injury no impairment pursuant to the AMA Guides. The ALJ further concluded Edwards retained the physical capacity to return to work and that he did, in fact, return to work after the first injury until the second injury, was off work again in September of 2000 and did not return to work thereafter. The ALJ awarded a period of temporary total disability benefits, reduced the weekly benefits during the period Edwards returned to work by the .5 multiplier contained in KRS 342.730(1)(c)2. The ALJ awarded these benefits at the rate of $11.88 per week during the period in which Edwards worked and presumably would result in weekly benefits of $23.76 per week after he ceased working. Edwards' appeal is directed at the ALJ's failure to assess an equal impairment rating for the left shoulder as for the right. Federal Express appeals arguing there was no evidence of record to support the ALJ awarding temporary total disability benefits through April 1999 as he did on the petition for reconsideration and further that the ALJ erred in his calculations by awarding $11.88 per week while the benefits were cut in half and $23.76 per week when not working as opposed to $10.47 per week and $20.94 per week respectively. The evidence in the instant action consists of the hearing testimony of Edwards, medical records from Drs. Thomas Menke and W. Ben Kibler and medical reports from Drs. James Owen and Robert Baker. Edwards testified he had worked for Federal Express for a number of years which required him to regularly lift. He first developed problems in his right shoulder, came under the care of Dr. Kibler and underwent surgery on his right shoulder in either December of 1998 or April 1999. After a recuperation period, he returned to work and then in July of 2000 began to develop problems with his left shoulder. He came to see Dr. Thomas Menke and after efforts at conservative care, which did result in some improvement but apparently not enough, surgery was performed by Dr. Menke on September 25, 2000. Edwards had a good result from that surgery. Edwards has not returned to work and apparently has taken a disability retirement. He does some light activities, noting that because of the work he performed at Federal Express he believed with two shoulder surgeries he would have additional problems and it would not be wise to return. Dr. Kibler performed surgery on Edwards' right shoulder. There is some confusion in the...

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