No. 00-97065 (2002). Transcraft Corp. v. Fannin.

Case DateOctober 23, 2002
CourtKentucky
Kentucky Workers Compensation 2002. No. 00-97065 (2002). Transcraft Corp. v. Fannin TRANSCRAFT CORPORATION PETITIONER vs. STEVEN FANNIN and HON. W. BRUCE COWDEN, JR., ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: October 23, 2002CLAIM NO. 00-97065APPEAL FROM HON. W. BRUCE COWDEN, JR., ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.STANLEY, Member. Transcraft Corporation ("Transcraft") appeals from an opinion, order and award rendered April 26, 2002, by Hon. W. Bruce Cowden, Jr., Administrative Law Judge ("ALJ"), granting the respondent, Steven Fannin ("Fannin"), benefits based upon a 42% permanent partial disability rating. Transcraft also appeals from an order issued by the ALJ on June 17, 2002, denying its petition for reconsideration. Fannin was born on December 25, 1975, and is a resident of Sandy Hook, Elliott County, Kentucky. He has a twelfth grade education with specialized training in welding. Fannin's past relevant work experience includes employment as a cook, delivery driver, assembly line worker, and welder. He entered the employ of Transcraft in November 1999 as an assembly line worker and welder. Fannin suffered his first work-related injury while working for Transcraft on January 18, 2000. On this occasion, he slipped and fell on black ice while exiting his truck in Transcraft's parking lot. As he fell, his left leg "constricted back" underneath him, causing him to "sit down" on his thigh. After recovering from the fall, Fannin testified he was immediately sore. He reported the injury to his employer and went on to perform his assigned job duties. Two days later, he began to experience swelling in the affected lower extremity. The accident occurred on a Wednesday. By the following Monday, he could no longer put pressure on his leg. Fannin was consequently sent by his employer to Mary Chile's Hospital in Mt. Sterling, Kentucky. Initially, Fannin's treating physicians believed he had suffered a "torn muscle" in and around the knee. He was referred to an orthopedic surgeon the following day, but could not go to the appointment because of severe pain. Instead, he returned to Mary Chile's Hospital where an ultrasound revealed evidence of "blood clots." As a result, Fannin was transferred to King's Daughters Medical Center where he was hospitalized for four days. Physical therapy was later ordered and Fannin remained off work until the middle of February 2000. When he attempted to return to work, however, after a single shift, his leg again began to swell. He returned to the emergency room that same day where he was again taken off work and the medication Coumadin(fn1) was prescribed for the first time. In March 2000, Fannin was once more released by his treating physician to return to work. No restrictions were imposed and Fannin resumed his normal and customary job duties. On May 24, 2000, Fannin suffered a second work-related injury, again involving his left leg. On this occasion, he laid a steel I-beam across his leg in order to hold it in position for "tack welding." As a result, he developed renewed swelling in his calf. Fannin reported the new injury to his supervisors at Transcraft the following day. Thereafter, he also developed shortness of breath and flu like symptoms. The following weekend, according to the respondent, his lungs "collapsed," and he was transported to the local emergency room where he was once more taken off work and hospitalized for approximately seven days. Coumadin was once again prescribed. Since that time, Fannin has not returned to work for Transcraft. He testified that no physician had released him to return to work. Fannin remained unemployed until March 2001, when he began working at his father's Convenient store. He described this position as supervisory, requiring him to write checks, complete paperwork, and occasionally operate a cash register. Fannin stated that his father basically created the position for him and accommodates him with regard to his medical restrictions and need for ongoing medical treatment. According to Fannin, in keeping with restrictions imposed by his treating physicians, he can no longer work for Transcraft because his job duties there would require squatting and bending, which in turn restricts his blood flow. Dr. Sangeeta Patil has been Fannin's primary treating physician since May 29, 2000, the day he was admitted to the hospital for the second time. Dr. Patil's records document that Fannin presented on that occasion with symptoms of shortness of breath and chest pain. Following an examination, she diagnosed Fannin as suffering from pulmonary embolism bilaterally. She immediately admitted Fannin into the hospital and treated him with oxygen, and Morphine and Phenergan for pain. She has continued to treat Fannin with Coumadin, which she states he will require for the rest of his life. She described him as suffering from a "hypercoagulable state." Dr. Patil further testified Fannin's disorder was dormant until the occurrence of his January 18, 2000 work-related injury, which produced a deep vein thrombosis. She further indicated that Fannin experienced a second deep vein thrombosis at the time of his work-related injury in May 2000, that was, in her opinion, an "extension" of his first accident. Dr. David Goebel, an oncology and hematology specialist who began treating Fannin on May 29, 2000 in consult with Dr. Patil, diagnosed the respondent as suffering from deep vein thrombosis with pulmonary embolus. Although Dr. Goebel opined that Fannin was at high risk to develop deep vein thrombosis genetically prior to his work-related injuries at Transcraft, the doctor related his diagnoses to those injuries. Dr. Goebel further stated that Fannin will probably be required to continue taking the medication Coumadin for "the long-term," if not for his lifetime, rendering him susceptible to...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT