No. 00-76074 (2002). Deaton v. Mid-South Electronics, Inc.

• Case Date: October 02, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-76074 (2002). Deaton v. Mid-South Electronics, Inc JACKIE DEATON PETITIONER/CROSS-RESPONDENT vs. MID-SOUTH ELECTRONICS, INC. RESPONDENT/CROSS-PETITIONER AND HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE RESPONDENTOPINION ENTERED: October 2, 2002CLAIM NO. 00-76074 APPEAL FROM HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. GARDNER, Member. Petitioner, Jackie Deaton ("Deaton"), appeals from a decision of Hon. Roger D. Riggs, Administrative Law Judge ("ALJ"), awarding Deaton permanent partial disability benefits for a work-related cervical spine injury sustained while in the employ of Mid-South Electronics, Inc. ("Mid-South"), as well as from an order denying a petition for reconsideration. Mid-South cross-appeals. The ALJ awarded benefits based upon a 10% impairment rating assessed by an examining physician utilizing the Range of Motion ("ROM") Model. On appeal Deaton argues the ALJ erred in refusing to adopt an impairment rating assessed in accordance with the Diagnosis Related Estimates ("DRE") Method. Mid-South agues the surgery performed on Deaton was unnecessary and non-compensable. It contends that prior to surgery, Deaton had no impairment. Deaton filed her Application For Resolution of Injury Claim on May 31, 2001, alleging a lifting injury to her low back and cervical spine that occurred on March 7, 2000. Deaton initially sought medical treatment from her family physician, who ultimately referred her to the Spine and Brain Neurosurgical Center where she came under the care of Dr. John W. Gilbert. Dr. Gilbert initially treated Deaton with conservative measures, including medication and physical therapy. Deaton, however, continued to complain of intractable pain. Dr. Gilbert performed surgery, which according to Deaton was successful in relieving some, but not all, of the pain. Since this appeal concerns only the extent of Deaton's permanent partial disability, both pre- and post-surgery, we will focus on the reports and testimony of the physicians who addressed those issues. Dr. Gilbert's treatment was appropriately summarized in his Form 107. According to Dr. Gilbert, a July 18, 2000 MRI of the cervical spine demonstrated disc ruptures at two levels. He diagnosed work-related cervical disc ruptures C5, C6; spinal cord compression syndrome; cervical radiculopathy; cervical strain and sprain; cervicalgia; nerve root injury; and, muscle spasms. Both Dr. Gilbert and Dr. Thomas A. Sweasey, an associate member of the Spine and Brain Neurosurgical Center, believed surgery was indicated. On November 16, 2000, Dr. Gilbert performed an anterior cervical decompression and discectomy...