No. 00-75150 (2002). United Parcel Service v. Peacock.

• Case Date: January 16, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-75150 (2002). United Parcel Service v. Peacock UNITED PARCEL SERVICE PETITIONER vs. ROXANNA MAY PEACOCK and HON. J. LANDON OVERFIELD, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: January 16, 2002CLAIM NO. 00-75150APPEAL FROM HON. J. LANDON OVERFIELD, ADMINISTRATIVE LAW JUDGE OPINION AND ORDER AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.GARDNER, Member. Petitioner, United Parcel Service ("UPS"), appeals from an opinion and award rendered by Hon. J. Landon Overfield, Administrative Law Judge ("ALJ"), awarding the respondent, Roxanna May Peacock ("Peacock"), benefits for a 20% permanent partial impairment as a result of injuries to her low back. On appeal, UPS argues the evidence does not support a finding that the alleged work incident was the proximate cause of Peacock's condition. UPS also argues that the evidence does not support a finding of 20% permanent partial impairment. Peacock has failed to file a brief in response to UPS' arguments on appeal. Peacock was born May 1, 1970. She has an eleventh grade education, a GED, and was formerly certified as a nursing assistant. She has employment experience as a nurse's assistant, waitress, and counter worker in fast food restaurants. Peacock began working for UPS in 1998 in the "box primary" area handling packages weighing from twenty-five to approximately 100 pounds. She also worked in an area termed "small sort primary" which involved lifting packages weighing twenty-five pounds and less. Peacock was injured on May 31, 2000, when as she was unloading packages weighing up to 140 pounds from a feeder to a semi truck, she experienced pain in her low back. She reported the injury to her supervisor, who sent her home for rest of the day. On June 5, 2000, while unloading another semi, Peacock again experienced low back pain. She was again sent home and remained off work until August 1, 2000. She returned to work for three days and then was off again until February 5, 2001. Following her return to work in February, she worked only until March 8, 2001. Her back pain increased, UPS was unable to accommodate her restrictions and she has not worked since that date. Peacock stated her current symptoms are sharp, intense, aching pain across the lower part of her back. She testified that since the accident, she is able to do housework, such as cleaning and vacuuming; drive a pick-up truck; mow the yard and perform some gardening. She wears a back brace while engaging in these activities. She also takes Skelaxin and Celebrex and does a prescribed exercise program daily. She has problems sitting or standing for long periods of time in any one position. Peacock was involved in a serious motorcycle accident in 1989. She sustained a broken pelvis, fractures of both wrists and a cracked vertebra in the lower part of her back. Peacock testified she had no residual problems or restrictions related to those injuries and was able to return to work following her recovery. In support of her claim, Peacock submitted medical records of Dr. Charlotte Ingwersen, her family practitioner, Dr. John R. Johnson of the Spine Institute, and Dr. Tinsley Stewart, a physical and rehabilitation specialist. Dr. Ingwersen first saw Peacock on June 6, 2000. Dr. Ingwersen took x-rays and prescribed muscle relaxers and pain medication. She referred Peacock to Dr...