No. 00-81997 (2002). Farmer v. Begley Lumber.

• Case Date: January 16, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-81997 (2002). Farmer v. Begley Lumber ELISHA FARMER PETITIONER/CROSS-RESPONDENT vs. BEGLEY LUMBER RESPONDENT/CROSS-PETITIONER AND HON. J. KEVIN KING, ADMINISTRATIVE LAW JUDGE RESPONDENTOPINION ENTERED: January 16, 2002CLAIM NO. 00-81997APPEAL FROM HON. J. KEVIN KING, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.STANLEY, Member. Elisha Farmer ("Farmer") appeals and Begley Lumber ("Begley") cross-appeals from an opinion rendered by Hon. J. Kevin King, Administrative Law Judge ("ALJ"), finding Farmer sustained a work-related injury in the course of his employment with Begley which resulted in temporary total disability ("TTD") only. On appeal, Farmer argues the ALJ erred (1) in finding that he suffered from an active disability due to a prior back injury and (2) not finding that he is entitled to permanent income and medical benefits as a result of injuries sustained in the employ of Begley. In its cross-appeal, Begley argues the ALJ (1) erred in finding that Farmer sustained a work-related injury within the definition of the Act in the course of his employment with Begley and, therefore, (2) the ALJ erred in awarding medical benefits. Farmer, born January 4, 1966, has a high school education. He was employed by Begley as a truck driver, averaging four hundred miles per day. His job duties required him to tarp, untarp, and tie down the loads. Farmer sustained an injury to his back in the course of his employment with Begley in 1998. He testified he missed approximately six weeks of work and then returned to his regular job. He sustained a second injury on May 22, 2000, while using a pry bar, injuring his low back. He missed approximately three months of work and returned to his regular job. Farmer sustained a third injury to his back on November 16, 2000, while lifting a 4 x 4 at work. He missed approximately four weeks of work and returned to light duty, working twelve hours one week and sixteen hours the next. He last worked for Begley on January 3, 2001. At his hearing, Farmer described his current physical condition. He complained of low back pain with radiation into both legs and into his groin. He testified that standing, walking, and sitting aggravated his symptoms. He described problems with sleep. He testified he had not looked for work because he did not believe he could work. Farmer's prior medical history is significant. He sustained a work-related injury to his back on May 1, 1985, while working for a roofing company. The injury consisted of a herniated disc that occurred when Farmer picked up a bucket of gravel. He underwent surgery consisting of an L4-5 discectomy performed by Dr. Leon Ravvin on May 7, 1985. He settled the claim for a $5,000.00 lump sum payment, representing a 27.6% disability rating...