No. 00-82293 (2002). Mountain Manor of Paintsville v. Taylor.

• Case Date: March 27, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-82293 (2002). Mountain Manor of Paintsville v. Taylor MOUNTAIN MANOR OF PAINTSVILLE PETITIONER vs. MELISSA ANN TAYLOR and HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: March 27, 2002CLAIM NO. 00-82293APPEAL FROM HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE VACATING AND REMANDING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.GARDNER, Member. Petitioner, Mountain Manor of Paintsville (Mountain Manor), appeals from an opinion and award rendered November 26, 2001 by Hon. Roger D. Riggs, Administrative Law Judge (ALJ), awarding the respondent, Melissa Ann Taylor (Taylor), 13% permanent partial disability benefits based on a May 15, 2000 injury. On appeal, Mountain Manor argues the ALJ ignored uncontradicted evidence that established a second injury occurred on May 13, 2001. Mountain Manor also contends Taylor failed to prove her disability was causally related to the May 15, 2000 injury pursuant to KRS 342.0011(1). Taylor is twenty-three years old and has an eleventh grade education. Her work history consists of employment at a fast food restaurant, dry cleaners, and grocery store. Taylor began working for Mountain Manor in the fall of 1999 as a Certified Nurses Aid. Taylor obtained her nursing aid certification through a two-week, on-the-job training program at Mountain Manor. Taylor testified she sustained a work-related injury on May 15, 2000, when she lifted a patient in order to change his bed linens and clothing. She testified she experienced sharp pain in her low back, which radiated into her right leg. Taylor stated she reported the incident immediately and finished her shift that day. She first sought medical treatment the following day. Significant to Mountain Manor's argument on appeal is the fact that Taylor was involved in a second work-related incident on May 13, 2001, approximately one year after the first work injury. Taylor sought medical treatment from her treating physician the next day. She testified that in the May 2001 incident she was kicked in the stomach by a combative patient. She stated that following this incident she experienced "stronger" pain in her low back and legs than she had experienced as a result of the May 2000 injury. Taylor also stated she began to feel a burning sensation in her right hip after the May 2001 injury. Taylor stated she reported the incident to her employer. She has not returned to work since the May 13, 2001 incident. On the date of Taylor's first injury, May 15, 2000, Coverage Options Associates insured Mountain Manor. On the date of the second incident, May 13, 2001, KESA insured Mountain Manor. Taylor filed an application for benefits, Form 101, with the Department of Workers Claims on March 20, 2001, and alleged only the May 2000 injury. She has not amended her claim to...