No. 00-78667 (2002). Jackson v. Schneider Nat'l Carriers.

• Case Date: August 14, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-78667 (2002). Jackson v. Schneider Nat'l Carriers ARLIE JACKSON PETITIONER vs. SCHNEIDER NATIONAL CARRIERS INTERNATIONAL and HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE RESPONDENTS AFFIRMINGOPINION ENTERED: August 14, 2002CLAIM NO. 00-78667APPEAL FROM HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.GARDNER, Member. Arlie Jackson ("Jackson") appeals from an opinion and order rendered March 26, 2002 by Hon. Roger D. Riggs, Administrative Law Judge ("ALJ"), dismissing his claim for workers' compensation benefits against the respondent, Schneider National Carriers International ("Schneider"). The ALJ determined that Jackson failed to carry his burden of proof with regards to establishing that his alleged work-related injuries were the proximate cause of neck and low back ailments. On appeal, Jackson argues that the more credible evidence of record compels an opposite result. After thoroughly reviewing the evidence of record and the applicable law, we find no merit in petitioner's argument. We therefore affirm the decision of the ALJ. Jackson was born on October 9, 1958 and is a resident of Manchester, Clay County, Kentucky. He entered the employ of Schneider in 1998 driving tractor-trailer trucks. Jackson alleges that on August 5, 1999, he suffered a work-related injury to his low back when his rig was involved in a motor vehicle accident with a small Chevrolet S-10 pick-up truck. The accident occurred on I-75 near Columbus, Ohio, as Jackson was changing lanes. According to Jackson, he experienced a "sudden jump" at the time of the collision and experienced whiplash. After police completed the necessary reports at the scene of the accident, Jackson continued on his way and reported to work the following morning. Apparently, Jackson's truck suffered no damage during the incident. The S-10 pick-up truck had struck a tire on his tractor-trailer during the impact. Allegedly, within a week, his back pain had worsened, and he began having headaches and discomfort in his neck. The onset of these additional symptoms, according to Jackson, were sudden and occurred while he was driving. Nevertheless, Jackson did not seek any medical treatment for his complaints until three months after the accident. At that time, he went to Dr. Steven Spady, a family practitioner in Manchester, Kentucky, who prescribed medication and physical therapy. Eventually, Jackson was referred to Dr. Mukut Sharma, a neurosurgeon in Hazard, Kentucky. An MRI was performed in February 2000 that revealed Jackson to be suffering from a herniated disc. Consequently, on March 1, 2000, Dr. Sharma performed a bilateral laminectomy at L5-S1 with a discectomy at the same level. Jackson stated that at present he is under the care of Dr. John W. Gilbert who has recommended additional surgery involving his neck. Jackson testified that Schneider terminated him in January 2000. He also confirmed that he continued working for the respondent from August 1999 through his last date of employment without any time lost. He has not worked anywhere since that time. Jackson filed an Application for Resolution of Injury Claim with the Department of Workers' Claims on January 24, 2001 alleging work-related injuries initially concerning only his low back. He later amended his cause of action to...