No. 00-97224 (2002). See v. Scaffold.
Case Date | July 24, 2002 |
Court | Kentucky |
Kentucky Workers Compensation
2002.
No. 00-97224 (2002).
See v. Scaffold
JOHN SEE
PETITIONER vs. BRAND SCAFFOLD and HON. JOHN B. COLEMAN, ADMINISTRATIVE LAW
JUDGE RESPONDENTSOPINION ENTERED:
July 24, 2002CLAIM NO. 00-97224APPEAL
FROM HON. JOHN B. COLEMAN, ADMINISTRATIVE LAW JUDGE AFFIRMING
* * * * * * * * * * * *
BEFORE: LOVAN, Chairman, STANLEY and GARDNER,
Members.
LOVAN, Chairman. John See ("See") appeals from the
decision of Hon. John B. Coleman, Administrative Law Judge ("ALJ"), finding
there was no objective evidence to substantiate a continued physical injury
from an exposure to chemicals. The ALJ awarded permanent partial disability
benefits based upon a resulting psychological condition only.
See filed his claim alleging injuries to his left ear, eyes,
skin, and resulting physical and psychological consequences as the result of
contact with chemicals and fumes on October 21, 1999. On that date, See was
climbing a scaffold to move some planks when a vessel containing noxious
chemicals, most likely Benzene and Naphtha, discharged some of the fluid onto
the left side of See's face. See stated some of the discharge entered his left
ear and went into his eyes. He continued his shift but began to have some
burning on the left side of his face. He noted there were signs in the area
indicating the dangerous nature of Benzene. See flushed his face with water
within a few minutes of the exposure. He went to the nurse's station at the end
of his shift and the nurse flushed his eyes and ear and applied salve to the
left side of his face. See testified he began to feel dizzy and nausea that
night but did not seek medical attention. He returned to work the next morning
and was transported into the plant. His supervisor asked him how he was feeling
and whether he wanted to see the plant physician. See saw the plant physician
and a different cream was applied to his face. He went home and was later taken
to the emergency room by his wife. See has not returned to work since his
exposure. As a result of the exposure and resulting pain and dizziness, See
indicated he was not able to work and had become depressed. At one point he was
hospitalized for his depression. See indicated he had hearing difficulties but
they had subsided by the time of hearing. He continued to have dizziness and
extreme left-sided facial pain, which he attributed to chemical exposure at
work. He was taking pain medication as well as medication for anxiety and
depression. See indicted he would be unable to perform his past work because it
involved climbing and balancing on scaffolding and his pain, dizziness and
depression prevented any work.
Dr. Max Wheeler saw See on October 25, 1999. See reported
symptoms of burning on the left side of his face and left ear as well as
headaches, nausea, motion sickness and not seeing well. Dr. Wheeler's
impression was possible exposure to chemicals on the left side of the face.
There was no evidence of any acute injury and no evidence of prolonged exposure
to present a problem with a chronic injury. He felt See could return to work.
Dr. Thomas J. Hatten first saw See on November 22, 1999. Dr.
Hatten's impression was persistent vertigo after chemical exposure. He referred
See to Dr. Goodman and Dr. Baker. On May 16, 2001, Dr. Hatten opined that given
See's current medical problems and the type of work he performs, See was
totally disabled to continue in that type of employment. Dr. Hatten indicated
the time frame for the disability was indefinite and he would continue to
pursue treatment to return See back to full work status.
Dr. James C. Leadingham examined See on October 27, 1999 for his
alleged visual problems. See gave a history of getting an unknown chemical in
both eyes. See complained of dizziness, blurred, close vision, burning eyes and
headaches. Dr. Leadingham diagnosed allergic conjunctivitis, dry eyes and...
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