No. 00-97224 (2002). See v. Scaffold.

Case DateJuly 24, 2002
CourtKentucky
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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