No. 00-78324 (2002). Dana Corp. v. Stevenson.

• Case Date: April 24, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-78324 (2002). Dana Corp. v. Stevenson DANA CORPORATION PETITIONER vs. BARNEY STEVENSON and HON. RONALD JOHNSON, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: April 24, 2002CLAIM NO. 00-78324APPEAL FROM HON. RONALD JOHNSON, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.GARDNER, Member. The only issue raised on appeal by Dana Corporation (Dana) concerns the period of temporary total disability (TTD) benefits awarded by Hon. Ronald Johnson, Administrative Law Judge (ALJ), to Barney Stevenson (Stevenson), the claimant below. The ALJ awarded TTD from June 27, 2000, the date Stevenson went off work, through April 9, 2001, the date he returned to work. Dana argues the ALJ's award of TTD from October 16, 2000 to April 9, 2001 is unsupported by evidence in the record. The facts in this case are relatively undisputed. Stevenson, born March 10, 1952, is a long time employee of Dana. He sustained previous work-related injuries in the course of his employment with Dana and always returned to work. Only a review of the medical evidence from Stevenson's treating physicians is necessary to determine the issue of TTD duration. The work-related injury occurred on June 10, 2000, when Stevenson tripped and fell over a welding cable. He testified that his left leg folded under him, he twisted his leg and knee and landed on his wrist. The injury occurred on a Saturday and he sought medical attention from his family physician on Monday. Stevenson continued to work until June 27, 2000, when he was seen by Dr. Jeana Lee, an orthopedic surgeon. Dr. Lee placed him on work restrictions of no lifting over thirty pounds; no repetitive lifting; and, no bending, stooping or twisting. Dr. Lee continued to see Stevenson for his knee condition only. She performed arthroscopic surgery on August 10, 2000. By August 31, 2000, Dr. Lee noted that Stevenson had atypical radiculopathy in his left leg. In September 2000, she noted that his knee problems were resolved but he continued to have problems with his left leg. Her September 28, 2000 office note indicates that Stevenson had no knee pain but had low back pain radiating into the left posterior thigh. She did not believe the leg and back pain were related to his work injury. She referred him to her...