No. 00-99333 (2003). Patton v. Square D Co.

Case DateAugust 13, 2003
CourtKentucky
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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