No. 00-93505 (2002). Young v. Rick's Electric.

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

Kentucky Workers Compensation 2002. No. 00-93505 (2002). Young v. Rick's Electric EDDIE YOUNG PETITIONER vs. RICK'S ELECTRIC and HON. THOMAS A. NANNEY, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: February 6, 2002CLAIM NO. 00-93505APPEAL FROM HON. THOMAS A. NANNEY, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Eddie Young ("Young") appeals from the decision of Hon. Thomas A. Nanney, Administrative Law Judge ("ALJ"), awarding benefits based upon a 3% functional impairment rating rather than on the 17% functional impairment rating assessed by his treating orthopedic surgeon. Young was injured January 18, 2000 when the button on the drill he was operating stuck, causing the drill to spin around, break his thumb and tear a ligament. As a result of the injury, Young underwent two surgical procedures. During the first procedure, the doctor repaired the ulnar collateral ligament. On July 18, 2000, Dr. Stephen Jackson reconstructed the ulnar collateral ligament of the left thumb and t-joint using ligament harvested from Young's wrist. Young testified he continued to have tenderness and developed arthritis in his thumb joint area. He also stated a knot had become evident on his thumb and it was difficult to twist conduit. He has returned to work but was working mainly as a foreman. His duties involved reading blueprints, taking care of personnel matters and instructing workers what to do. While working as a foreman, he was not required to perform any physical activity using his hands. On the date of the hearing, Young indicated he would be going to work for ISP in the next several days and would be running aluminum conduit of various sizes. He was going to attempt to perform these job duties but did not believe he would be able to continue based upon his current limitations. Young introduced evidence from Dr. Stephen H. Jackson, his treating orthopedic surgeon. Dr. Jackson saw Young on January 20, 2000 and diagnosed fractures at the base of proximal phalanx and distal phalanx of the left thumb and disruption of the ulnar collateral ligaments of the MP joint of the left thumb. On that date, he repaired the ulnar collateral ligament complex of the MP joint. A February 7, 2000 office note indicates Young was seen for follow-up. His wound was healing well and placed in a fiberglass thumb spica cast. Dr. Jackson noted Young had broken his splint at work. Dr. Jackson indicated Young should avoid any heavy lifting. On March 28, Dr. Jackson noted Young's fractures were healed and he appeared to have some slight looseness of the ulnar collateral ligament of the MP joint. He stated Young could carry out activities as tolerated. On May 22, 2000, Dr. Jackson noted some laxity of the ulnar collateral ligament. He noted Young had been working and because he was right hand dominant he was getting along relatively well. Dr. Jackson thought it was possible Young would require an ulnar collateral ligament reconstruction in the future. On June 26, Dr. Jackson noted Young had re-injured his thumb. He had marked instability of the metacarpal phalangeal joint ulnar collateral ligament of the left thumb. X-rays revealed marked subluxation of the joint. Dr. Jackson then decided a ligamentous reconstruction was necessary. The reconstruction was performed on July...