No. 00-72816 (2002). Wells v. Arh Regional Medical Center.
Case Date | October 02, 2002 |
Court | Kentucky |
Kentucky Workers Compensation
2002.
No. 00-72816 (2002).
Wells v. Arh Regional Medical Center
IRENE WELLS
PETITIONER vs. ARH REGIONAL MEDICAL CENTER and HON. JOHN B. COLEMAN,
ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION
ENTERED: October 2, 2002CLAIM NO. 00-72816
APPEAL FROM HON. JOHN B. COLEMAN, ADMINISTRATIVE LAW JUDGE AFFIRMING
* * * * * *
BEFORE:
LOVAN, Chairman, STANLEY and GARDNER,
Members.STANLEY,
Member. Irene Wells ("Wells") appeals from a decision rendered June 14, 2002,
by Hon. John B. Coleman, Administrative Law Judge ("ALJ"), granting her an
award of benefits based upon a 6.8% permanent partial disability rating against
the respondent, ARH Regional Medical Center ("ARH"). In making his
determination, the ALJ elected to modify Wells' award by the times 2 multiplier
found at KRS 342.730(1)(c)2., as amended July 14, 2000, rather than the times 3
multiplier found at KRS 342.730(1)(c)1. On appeal, Wells charges the evidence in her claim compels use of
the times 3 multiplier because she no longer retains the physical capacity to
return to the type of work performed at the time of her injury. In making this
argument, Wells qualifies the ALJ's determination as "prejudicial error." She
further argues that the ALJ made insufficient findings necessary to support his
reliance on the medical restrictions imposed by Dr. James Bean. Wells asserts
that instead, the ALJ should have found the medical restrictions recommended by
Dr. James Templin to be more credible. Having thoroughly reviewed the evidence
of record and the applicable law, we find no merit in any of these arguments
and, therefore, affirm the ALJ's determination.
Wells was born on March 6, 1965 and is a resident of Wooton,
Leslie County, Kentucky. She has a high school education and is certified as a
pharmacy technician. Wells' past relevant work experience includes employment
as a waitress, cashier, and assistant manager for two different clothing
stores. She began working at F and S Pharmacy in Hyden, Kentucky, in 1992 and
obtained her certification as a pharmacy technician in 1996.
Wells entered the employ of ARH in 1997. Her job duties consisted
of work as a pharmacy technician preparing and dispensing medication and IV
fluids to the hospital. Once prepared, the medications and fluids would be
transported by cart to the appropriate nursing station. Part of her activities
also involved computer work. As such, she was able to alternate her activities
between walking and sitting, although she testified she was on her feet most of
the time.
On August 9, 2000, Wells sustained a work-related injury to her
low back and right leg. On that occasion, while lifting a medication cart from
a "twisted" position, Wells experienced a sharp pain in her lower back
radiating into her right leg. Wells described the cart as being on wheels and
three feet tall. The cart was plastic with a metal frame. Upon experiencing the
pain, Wells stated she could not "straighten up." The pain was located below
her belt line and above her coccyx in the middle of her back. It affected her
right leg, which began "jerking." Because of her symptoms, she could not put
pressure on her right lower extremity.
Following the onset of her symptoms, she called out for help and
was assisted by a co-worker to a chair; however, sitting only caused her
symptoms to become worse. She was transported immediately to the emergency room
at ARH. X-rays were performed and she was prescribed Demerol. Eventually her
husband was called and she left work. She then sought medical treatment from
her family physician, Dr. George Chaney, the following day.
Wells testified that Dr. Chaney recommended physical therapy
consisting of ultrasound, heat, and "adjustments." When her symptoms did not
subside, Dr. Chaney referred her to Dr. Mukut B. Sharma who ordered epidural
injections. When these treatments were unsuccessful, Dr. Chaney elected to
refer Wells to Dr. John W. Gilbert, a Lexington neurosurgeon. Dr. Gilbert, by
Wells' account, treated her conservatively with pain medication and muscle
relaxers. No surgery was recommended. Wells was later referred to Dr. Phillip
Tibbs, also a neurosurgeon, who referred her to Dr. James Templin for a
"possible nerve block."
Wells has not returned to work anywhere since the date of her...
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