No. 00-77909 (2002). Bob Evans Farm, Inc. v. Rusch.

• Case Date: March 20, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-77909 (2002). Bob Evans Farm, Inc. v. Rusch BOB EVANS FARM, INC. PETITIONER vs. NANCY RUSCH and HON. RONALD W. MAY, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: March 20, 2002CLAIM NO. 00-77909 APPEAL FROM HON. RONALD W. MAY, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. GARDNER, Member. Petitioner, Bob Evans Farm, Inc. (Bob Evans), appeals from a decision of Hon. Ronald W. May, Administrative Law Judge (ALJ), awarding the respondent, Nancy Rusch (Rusch), total permanent disability benefits for a work-related right shoulder injury. On appeal, Bob Evans contends clear, convincing and uncontroverted evidence of record established Rusch was not totally disabled. Rusch is presently fifty-four years of age, has a high school diploma, but no other vocational training. She has worked primarily as a short-order cook, but has also worked as an apartment manager, which involved filling out leasing contracts, time cards and collecting rent. Rusch filed an application for resolution of injury claim on May 22, 2001. Rusch testified both by deposition and at the final hearing. She alleged that at the time of her injury she was obligated to carry crates of produce. She stated that on June 29, 2000, while lifting a crate of lettuce, she experienced pain in her shoulder. She claimed to suffer from a multitude of injuries including neck pain, frozen shoulder and possible left shoulder injuries due to overuse. At the time of the injury, Rusch believed she pulled a muscle. She sought medical treatment at the local emergency room three days later and was informed that her injury was more serious than originally thought. Rusch is right-hand dominant and testified she can no longer use her right arm. She has not returned to work since shortly after the injury. Rusch now complains of severe right shoulder pain. She testified she is unable to reach or move anything since her right arm is frozen in place. Rusch's further testified she had not been offered the opportunity to return to work as hostess or at any other light duty position, but that she would return to work for Bob Evans if it would accommodate her restrictions. Paul Stewart (Stewart) testified by deposition on behalf of Bob Evans. He stated that he was the general manager of the store and was...