No. 00-75816 (2002). Boley v. Phillip Patterson Painting, Inc.

• Case Date: January 23, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-75816 (2002). Boley v. Phillip Patterson Painting, Inc JIMMIE BOLEY PETITIONER vs. PHILLIP PATTERSON PAINTING, INC., and HON. J. LANDON OVERFIELD, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: January 23, 2002CLAIM NO. 00-75816 APPEAL FROM HON. J. LANDON OVERFIELD, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Jimmie Boley ("Boley") appeals from the decision of Hon. J. Landon Overfield, Administrative Law Judge ("ALJ"), dismissing his claim for failure to prove a work-related injury while in the employ of Phillip Patterson Painting, Inc. ("Patterson"). Boley testified by deposition taken March 29, 2001 and at the hearing held June 27, 2001. In his deposition, Boley testified he was painting a window at knee level. He had bent down on one knee and when he stood up had a terrible pain or spasm in his lower back and hip. The pain was on the right side of his back, right below his beltline and went into his right hip. Over the course of time, the pain changed and became more severe. It started going down his leg into his calf. Boley testified he informed his foreman, Bob Coan, of the incident about five seconds after it occurred. He indicated his low back pain actually started a couple of weeks earlier after he and Coan lifted a pressure washer. Although he had pain in his back after lifting the washer, it did not affect him to the point of not being able to work. He was mostly having problems at night trying to sleep and in the morning when he arose. Boley testified that on the afternoon of July 13, 2000 after he had left work earlier that morning, he went to his chiropractor, Dr. Paul Ralph. The entire length of his spine was adjusted, but it did not help his low back pain. The pain continued to worsen and became more of an aching pain which started going more into his hip down through his buttock and into his leg. Boley indicated the pain did go into his leg on the 13th right after his chiropractic adjustment. He continued to treat with Dr. Ralph, who eventually referred him to Dr. Petruska. Eventually, he came under the care of Dr. Jelsma. While under the care of Dr. Jelsma, Boley continued to worsen until it got to the point where he could not walk and ultimately surgery was needed. Boley testified he had problems with his low back prior to his work injury. He had soft tissue injuries and had incidents where he hurt his back bad enough to see a chiropractor as early as 1960. Dr. Jelsma performed low back surgery in 1994. That injury occurred when Boley was self-employed. Boley testified he had a ruptured disk in his low back at the beltline. In describing how the injury occurred, Boley testified as follows: Going to work one morning, driving my truck and a I got a pain shot down through my right side down into my leg - or my left side down into my leg, left leg, and my foot started tingling. I thought I was sitting on my billfold. Boley indicated there was no specific injury that caused the herniation. Following the surgery, Boley indicated he did great and after about eight weeks returned to work with no restrictions. He would periodically see a chiropractor. Later in his deposition, Boley was...