No. 00-99333 (2003). Patton v. Square D Co.
Case Date | August 13, 2003 |
Court | Kentucky |
Kentucky Workers Compensation
2003.
No. 00-99333 (2003).
Patton v. Square D Co
JANET SUE PATTON
PETITIONER vs. SQUARE D COMPANY and HON. LLOYD R. EDENS, ADMINISTRATIVE LAW
JUDGE RESPONDENTSOPINION ENTERED:
August 13, 2003CLAIM NO. 00-99333APPEAL FROM HON. LLOYD R. EDENS, ADMINISTRATIVE LAW JUDGEAFFIRMING
* * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.STANLEY, Member. Janet Sue Patton
("Patton") seeks review from a decision rendered March 6, 2003, by Hon. Lloyd
R. Edens, Administrative Law Judge ("ALJ"), awarding her benefits as a result
of injuries to her neck and shoulder sustained on September 7, 1999, but
dismissing her claim for a low back injury on grounds of limitations. On
appeal, Patton argues she is permanently and totally disabled as a result of a
low back condition that developed over the course of her 26-year employment
with Square D Company ("Square D"), in combination with the shoulder and neck
injuries found compensable by the ALJ. Though Patton presents multiple,
alternative arguments in her brief before this Board, her appeal essentially
revolves around one key point. Patton believes the judicial bodies interpreting
the Kentucky Workers' Compensation Act have misinterpreted the provisions put
in place by the state Legislature to compensate injured workers for the effects
of cumulative trauma in the work place. We find no merit in these various
arguments and, accordingly, we affirm. Patton was born November 15, 1946, and is a resident of Clay
City, Powell County, Kentucky. She completed school through the ninth grade.
She entered the employ of Square D on May 7, 1973, as a press operator. Patton
testified that this was a physically demanding job in which she would operate
half-ton and one-ton presses, including setting up the die and hand stacking
the massive parts as they came off the press.
On October 13, 1994, Patton reported to the first aid office at
Square D that she was experiencing low back pain associated with the physical
demands of her work. A Form 113 was completed to allow Patton to receive
medical treatment under Square D's workers' compensation coverage. Though she
did not have any lost time from work at that point, Patton explained that low
back pain limited her productivity by approximately 20%. Patton was sure the
low back pain was due to the heavy demands of her work, though she denied
seeking any medical treatment at that time.
Patton first sought treatment for her low back pain in 1998 from
Dr. C.C. Smith, a chiropractor. Patton saw Dr. Smith frequently in the latter
part of 1998, sometimes as often as twice a week. Treatment in Dr. Smith's
office consisted of heat application, ultrasound, and trials of various spinal
manipulation tables. These modalities provided only temporary relief. Dr.
Smith's treatment was covered through Patton's major medical carrier and she
was required to make a co-payment with each visit. Patton remained under Dr.
Smith's care for approximately three to four months.
Dr. Smith subsequently referred Patton to a neurologist, Dr.
Christa Muckenhausen, in Pikeville. Patton first treated with Dr. Muckenhausen
on March 24, 1999. Dr. Muckenhausen recorded a host of physical complaints,
including neck pain radiating into both shoulders and arms and low back pain
radiating into both legs. Patton advised Dr. Muckenhausen that she had a
longstanding history of progressive pain, which she apparently associated with
her job at Square D. Dr. Muckenhausen recorded the physical demands of Patton's
employment in some detail. She also noted that, five to six years before,
Patton had been seen at Clark County Hospital in Winchester and advised she had
a bulging disc in her back. Around that same time, Patton was operating a
1,000-pound press, which she did by herself for four years. Dr. Muckenhausen
diagnosed chronic, diffuse osteoarthritis involving the large joints, including
the shoulders, hips, and knees. She also suspected rotator cuff impingement
syndrome due to "overuse working in heavy industry." Dr. Muckenhausen
recommended a neurosurgical consultation and a pain clinic assessment.
Patton began treating with a neurosurgeon, Dr. John Gilbert, on
April 19, 1999. Though his office notes were not filed into evidence, Dr.
Gilbert completed a Form 107 dated October 8, 2001, indicating he had seen
Patton on numerous occasions for complaints of pain in her neck, shoulder and
back. Dr. Gilbert made reference to a May 12, 2001, MRI showing disc
protrusions at C5-6 and C6-7 and degenerative disc disease at L4-5 and L5-S1.
Dr. Gilbert did not perform surgery, however. Dr. Gilbert diagnosed chronic
cervical and lumbar strains and nerve root injury, as well as muscle spasm and
aggravation of degenerative disc disease. He assessed a 30% permanent
impairment rating, though he failed to specify the conditions to which this
rating related. He recommended that Patton perform no lifting over 20 pounds
and no bending, stooping, crawling, crouching, or operating machinery. He also
indicated that Patton was not able to sit, stand, or walk more than 30 minutes
at a time.
Patton underwent a pain management assessment by Dr. James
Templin on May 11, 1999. Dr. Templin noted complaints of chronic neck pain with
radiation into the right shoulder, arm, and hand, together with low back pain
with radiation into the right hip and leg. Patton attributed these symptoms to
what Dr. Templin described as a "work-related accident." Dr. Templin recorded
the following specifics:
At the time of the accident, Ms. Hughes [now Patton] was an
employee of Square D where she works as a machine operator. She said she has
worked at Square D for some 25 years. Approximately nine years ago, she bid
into what was considered a hard manual labor position. She was running a 1000
ton press. Ms. Hughes' husband had died and she was very concerned over her
earning ability. She believes positioning herself running this equipment would
enhance her earning capabilities. While running the machine, she is required to
change the dye [sic] and clamp the dye [sic] into the appropriate position.
They would change the dye [sic] approximately three times a day. She is also
required to handle each metal box produced, i.e. that is removing the finished
product and stacking same. The products weighed anywhere from one pound to 25
pounds. Ms. Hughes said while she was operating this machine, she was pulling
on a large bar attempting to clamp the dye [sic] into place when she felt a
pulling pain in the lower back. She reported the injury but continued to work.
She did not seek medical attention. Ms. Hughes said she was sure if she had
seen a physician she would have been taken off work. She wanted to avoid this
since lost work was an important element in the company in determining
advancement. Ms. Hughes said, 'Unfortunately, this back pain slowly but
progressively worsened'. She continued to work until last year at which time
the pain had reached the point where she felt she needed to seek medical
attention.
Patton also informed Dr. Templin that she was missing
approximately one day of work per month due to her pain condition. She
expressed uncertainty as to how much longer she would be able to continue
working, though she hoped to reach her regular retirement in three years. At
the time of Dr. Templin's evaluation, Patton was operating a 500-pound press,
producing electrical boxes that weighed between one and 25 pounds each. The
machine produced anywhere between 3,000 and 10,000 parts per eight-hour shift,
which Patton had to hand stack. She was also required to set up the dies at
least three times per shift, which involved utilizing two motor trucks and a
large, heavy wrench to bolt the dies into place.
Dr. Templin diagnosed...
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