No. 00-78957 (2002). Druen v. K-Mart.
Case Date | January 09, 2002 |
Court | Kentucky |
Kentucky Workers Compensation
2002.
No. 00-78957 (2002).
Druen v. K-Mart
LINDA DIANE DRUEN
PETITIONER vs. K-MART and HON. IRENE STEEN, ADMINISTRATIVE LAW JUDGE
RESPONDENTSOPINION ENTERED: January 9, 2002CLAIM NO. 00-78957APPEAL
FROM HON. IRENE STEEN, ADMINISTRATIVE LAW JUDGE AFFIRMING
* * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.GARDNER, Member. Petitioner, Linda
Diane Druen ("Druen"), appeals from an opinion rendered September 19, 2001, by
Hon. Irene Steen, Administrative Law Judge ("ALJ"), dismissing her claim for
benefits against the respondent, K-Mart.
On appeal, Druen raises two issues. First, Druen argues the ALJ
erred by not relying on the Fourth Edition of the AMA
Guides to establish her impairment rating prior to the
work injury. Secondly, Druen contends the ALJ erred in not awarding vocational
rehabilitation benefits under KRS 342.710.
Druen was employed by K-Mart when she sustained a work-related
injury to her low back on May 15, 2000. She had worked for K-Mart from 1976
until November 2000, except for eighteen months when she was employed by
Consolidated Sales Company as a cosmetic manager. She worked in nine different
K-Mart locations in a variety of positions, including sporting goods/automotive
cashier, sporting goods/automotive department manager, unit pricing manager,
and make-up department manager.
Druen was born on January 22, 1950. She has a tenth grade
education and no specialized or vocational training. For our purposes, it is
significant that Druen had an automobile accident on May 23, 1996 that led to
fusion surgery on November 1, 1996. She was off work for approximately one year
following the surgery. Druen was released to return to work in October 1997
with permanent restrictions, which K-Mart was able to accommodate. Druen
continued working, without incident, until the May 15, 2000 work-related
injury. She has not returned to work since that date.
Druen testified that in addition to her job with K-Mart, she
maintains the bookkeeping for her husband's trucking business through a
Microsoft program on their home computer. She indicated that this bookkeeping
involves maintaining records of fuel costs, mileage, hotel and monthly charges.
Druen testified she has attempted to find new employment, such as hotel desk
clerk or something she could do from her home, but has not been successful. She
also testified she has benefited from epidural injections, but continues to
experience back pain radiating into her buttocks, legs and feet. She takes
Tylenol for her pain and wears a back brace when she engages in physical
activity. Her daily activities include walking two miles on an air-walker,
doing the computer work for her husband's business, reading, loading the
dishwasher, doing laundry, and occasionally mowing grass.
Medical evidence came by way of the reports and/or depositions of
Drs. Thomas Lehmann, Gary Davis, John Guarnaschelli and Bart Goldman. Dr.
Lehmann saw Druen on September 12, 1996 for symptoms of low back pain, numbness
in both thighs, and occasional stiffness in the neck following the auto
accident of May 23, 1996. On April 8, 1997, Dr. Lehmann released Druen to
return to work with...
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