No. 00-72816 (2002). Wells v. Arh Regional Medical Center.

Case DateOctober 02, 2002
CourtKentucky
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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