No. 00-81004 (2002). Sumitomo Electric Wiring Systems v. Schroader.

• Case Date: January 09, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-81004 (2002). Sumitomo Electric Wiring Systems v. Schroader SUMITOMO ELECTRIC WIRING SYSTEMS (as self-insured) PETITIONER vs. LISA A. SCHROADER; SUMITOMO ELECTRIC WIRING SYSTEMS (as insured by Sumitomo Marine Management); SPECIAL FUND and HON. DONNA H. TERRY, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: January 9, 2002CLAIM NO. 00-81004APPEAL FROM HON. DONNA H. TERRY, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.STANLEY, Member. Sumitomo Electric Wiring Systems (self-insured) ("Sumitomo/self-insured") appeals from an opinion and award rendered July 20, 2001, by Hon. Donna H. Terry, Administrative Law Judge ("ALJ"), granting the respondent, Lisa A. Schroader ("Schroader"), an award of permanent and total occupational disability benefits as a result of a low back injury sustained on March 11, 1999. Specifically, the ALJ determined that Schroader was suffering from an active occupational disability of 35% just prior to her March 11, 1999 low back injury as a result of two prior work-related back injuries that occurred on April 1, 1991 and February 22, 1994. As such, Sumitomo/self-insured was held responsible for payment to Schroader of a 65% lifetime liability. Sumitomo/self-insured also appeals from an order issued by the ALJ on August 21, 2001, granting, in relevant part, approval of a petition for reconsideration filed by Sumitomo Electric Wiring Systems (as insured by and through Sumitomo Marine Management) ("Sumitomo/Marine") and adjusted by Crawford and Company. On appeal, Sumitomo/self-insured generally raises two issues. First, the petitioner argues the evidence of record did not support the ALJ's finding of total disability and, as such, the ALJ's award is clearly erroneous as a matter of law. Secondly, Sumitomo/self-insured contends the evidence does not support any assessment of occupational disability as a result of Schroader's March 11, 1990 incident which occurred during its period of coverage. After having thoroughly reviewed the evidence of record and the applicable law, we find no merit in either of these arguments and, therefore, affirm. Schroader was born on January 3, 1959, and is a resident of Beaver Dam, Ohio County, Kentucky. She completed nine years of formal education and obtained her GED in 1992. Past relevant work experience consists of six months employment as a nurse's aide and approximately four years of work as an industrial sewing machine operator. Schroader entered the employ of Sumitomo in 1988. There, she held various assembly line jobs. Ultimately, she became a crimping machine operator in 1994. Schroader last worked for Sumitomo on March 23, 2000. She has not returned to work anywhere since that time. Sumitomo is an industrial producer of wire. From 1988 through 1992, Sumitomo maintained workers' compensation coverage through Federal Insurance Company. Thereafter, until July 1, 1995, Sumitomo continued coverage through Sumitomo Marine Management as adjusted by Crawford and Company. Then, beginning in July 1995 through the present, Sumitomo became self-insured. Schroader sustained her initial back injury on August 2, 1990 and subsequently underwent an L5-S1 discectomy performed by Dr. Thad Connally. She returned to work on April 1, 1991 and settled Claim No. 90-38016 for a lump sum amount based upon a 25% occupational disability. Liability for said settlement was apportioned 50% to Sumitomo and 50% to the Special Fund. Said agreement was approved by an Administrative Law Judge on March 2, 1994. Schroader sustained a second work-related injury to her low back on February 22, 1994. Consequently, she ultimately underwent a second surgery consisting of a discectomy and lumbar fusion from L4 to S1 on May 3, 1994, performed by Dr. Steven Glassman. As a result of her 1994 injury, Schroader again entered into a settlement agreement in Claim No. 94-10970 for a lump sum based upon a 10% occupational disability. Liability for that settlement was also apportioned 50% to Sumitomo and 50% to the Special Fund. Schroader's second settlement agreement was approved by an Administrative Law Judge on October 3, 1996. Following the February 22, 1994 back injury, Schroader yet again returned to work for the petitioner in September 1994. Upon returning to work in 1994, for approximately a year and half, according to Schroader, she was medically restricted to a forty hour work week. Thereafter, the medical restrictions were allegedly lifted and Schroader testified she began working forty hours per week plus overtime on a regular basis. According to Schroader, although on occasion prior to the 1999 incident, she experienced "tiredness" in her low back, she incurred no symptoms that were incapacitating. With normal rest each evening, she was able to return to work the following day and perform all of her assigned job duties without limitation. Schroader stated that between 1994 and 1999, she received medical attention as a result of low back complaints only on a single occasion due to what she classified as a "light aggravation." She experienced no time lost from work as a result of this single office visit. Furthermore, no additional medical treatment was recommended. Schroader additionally testified that during this period, she received no complaints from her supervisors at Sumitomo with regard to the quality of her work. According to Schroader, her work seemed to help her medical condition after 1994, and, she enjoyed working for Sumitomo. In fact during this time...