No. 00-77866 (2002). Mitchell v. F and G Trucking.

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

Kentucky Workers Compensation 2002. No. 00-77866 (2002). Mitchell v. F and G Trucking FOSTER MITCHELL PETITIONER vs. F and G TRUCKING and HON. JAMES L. KERR, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: October 16, 2002CLAIM NO. 00-77866 APPEAL FROM HON. JAMES L. KERR, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Foster Mitchell ("Mitchell") appeals from the decision of Hon. James L. Kerr, Administrative Law Judge ("ALJ"), finding no psychiatric impairment as the result of a motor vehicle accident while employed by F and G Trucking ("F and G"), and finding contested medical expenses for the psychiatric condition noncompensable. Mitchell was injured May 26, 2000 when a car ran underneath his truck, striking the back axle. Mitchell stated he saw the people in the other vehicle and saw the passenger who was killed in the accident. He declined treatment at the accident site but later that evening sought treatment at the McDowell Hospital. Mitchell testified he sustained injuries to his head, neck, shoulder, back, right arm and left leg in the accident. His treating physician for these injuries was Dr. Charles Arnett. Mitchell testified that soon after the accident he began having nightmares about the accident and developed a fear of riding in vehicles. He gets nervous in traffic and does not drive very much. He sought treatment with Dr. Karen Pajari and others at Mountain Comprehensive Care. He testified his right arm and elbow problems prevent him from grasping objects. He also has problems with the left leg, tingling, numbness and pain, when his back becomes symptomatic. Mitchell testified he was involved in an ATV accident on October 13, 2000. His brother had bothered him for two to three hours to get him to leave the house and go out on the ATV. Mitchell fractured his right ankle in the ATV accident. His nerves were not affected by this accident and he has been on the same medications and treatment before and after the accident. Mitchell testified he had a fear of losing his right leg as the result of the ATV accident. Mitchell introduced a psychiatric evaluation report from Dr. Jay V. Narola. Dr. Narola examined Mitchell September 20, 2001. Dr. Narola received a history of the May 26, 2000 accident. Mitchell indicated the accident still frightened him and he still has nightmares of the wreck. He has difficulty sleeping and wakes up every hour or so. Mitchell related he has spells when he passes out and feels funny inside when driving a vehicle. He often relives the accident. Mitchell reported feeling down in the dumps and having frequent crying spells before receiving treatment. Dr. Narola received a history of the ATV accident with the resulting right ankle fracture but Mitchell told him the ATV accident did not bother him. Mitchell reportedly gained 60 pounds since the injury, being unable to do much physical activity. During the examination, Mitchell required assistance with the reading test and his verbal and nonverbal testing was invalid due to insufficient effort. Dr. Narola clinically did not find Mitchell to be malingering. He assessed a 35% total psychiatric impairment indicating that possibly 5% of the impairment was secondary to ATV accident in October 2000 and 30% would be related to the motor vehicle accident of May 2000. Mitchell introduced evidence from Dr. Pajari/Mountain Comprehensive Care. Mitchell was seen by Dr. Pajari and MCC from March of 2001 through December 2001. Dr. Pajari stated Mitchell had frequent panic attacks, was unable to sleep, had problems with concentration, was easily startled and unable to drive. She noted Mitchell cried easily, has nightmares and cannot tolerate riding in a vehicle because of the accident. Dr. Pajari indicated no testing was performed because Mitchell was illiterate by his statement and only able to read and write...