No. 00-71637 (2002). Edwards v. Federal Express Corp.
Case Date | January 09, 2002 |
Court | Kentucky |
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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