No. 00-86253 (2002). Blair v. Sherwin Williams.

• Case Date: March 06, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 00-86253 (2002). Blair v. Sherwin Williams JEROME BLAIR, JR. PETITIONER vs. SHERWIN WILLIAMS and HON. W. BRUCE COWDEN, JR., ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: March 6, 2002CLAIM NO. 00-86253APPEAL FROM HON. W. BRUCE COWDEN, JR., ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Jerome Blair, Jr. ("Blair") appeals from the decision of Hon. W. Bruce Cowden, Jr., Administrative Law Judge ("ALJ"), dismissing his claim. The ALJ found Blair failed to satisfy his burden of proof to establish a work-related injury while employed by Sherwin Williams. Blair alleged he was injured April 10, 2000 while pouring paint into a vat and felt his back give out. He stopped what he was doing and expressed the problem to one of his co-workers. A supervisor overheard him and insisted he fill out an accident report. Blair testified he left work and went to his family physician, Dr. Plavakeerthi Kamparajurs. Blair stated he had pain above the belt line to the left and right side and described it as being a serious injury. Dr. Kamparajurs prescribed medication. He then saw Dr. Joseph Werner about six times. In his deposition, Blair testified he was taking a pain reliever and anti-inflammatory as well as a muscle relaxant every day. He continued to have extreme pain in the low back and problems with anxiety and sleeping. He had physical therapy at Frasure Rehabilitation but it did not help. He returned to work in August or September of 2000 with restrictions and worked approximately one week. Blair was laid off and drew unemployment benefits. At the hearing held May 25, 2001, Blair testified he had not worked since being laid off. On cross-examination, Blair was questioned concerning the March 21, 2000 note of Dr. Kamparajurs which indicated he had reported on that date a history of pain in the mid to low back of two days duration and resulted from a re-injury from four months earlier. Blair testified he did not remember that specific visit and complaining about pain in his lower back but acknowledged seeing Dr. Kamparajurs prior to the alleged work event. He stated he did not see Dr. Kamparajurs very many times before the work incident. It was possible his back could have been weakened in the prior months. When asked if he was now admitting he was probably having back complaints before April 10, Blair stated "I'm not admitting that because I'm not for sure about that. That was a long time ago." When questioned about the March 27 entry indicating a follow-up from March 21 with complaints of back pain, Blair stated "that can be possible. That was probably in a case of me weakening my back there at Sherwin Williams from all the heavy lifting. Maybe that's what caused me to snap the injury and tear the muscle in the following two weeks. It's not a diagnosis...