No. 01-00095 (2002). Patrick v. General Electric.

• Case Date: January 30, 2002
• Court: Kentucky

Kentucky Workers Compensation 2002. No. 01-00095 (2002). Patrick v. General Electric HOWARD L. PATRICK PETITIONER vs. GENERAL ELECTRIC and HON. J. LANDON OVERFIELD, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: January 30, 2002CLAIM NO. 01-00095APPEAL FROM HON. J. LANDON OVERFIELD, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members. LOVAN, Chairman. Howard L. Patrick ("Patrick"), pro se, appeals from the decision of Hon. J. Landon Overfield, Administrative Law Judge ("ALJ"), dismissing his claim. The ALJ found Patrick had failed to sustain his burden of proving a work-related injury or that he gave due and timely notice. Patrick's deposition was taken April 19, 2001. He has worked for General Electric ("GE") since 1969 in various positions. Patrick testified that on November 17,1999 he completed his shift and felt weak. He testified his movements "started getting slow" and, while he walking to his car in the parking lot, it seemed like his body shut down on him. He did not experience any sudden onset of pain nor did any specific incident occur during which he realized he had hurt himself. He simply had a gradual onset of a feeling of weakness. Patrick went to his car and went home. His wife took him to the doctor who sent him to a specialist. He testified he had a gradual onset of weakness that began at least one month prior to November 1999. He also acknowledged he had problems with tingling and numbness in his hands as much as two to three years prior to November 1999. Patrick testified he believed his wife called his supervisor while he was in the hospital, but he did not witness or overhear any conversation. He had told his wife to let his supervisor know he was in the hospital. He had not informed anyone of the onset of weakness during the month prior to November 17, 1999. Likewise, Patrick acknowledged he told no one at work about the numbness in his hands for the past several years. He testified he had cervical surgery performed by Dr. Hodes and was hospitalized in the hospital where the surgery was performed and later was in a rehabilitation facility. Patrick was questioned concerning an earlier work injury to his cervical spine. He had been injured in 1991 while working for GE stacking drums. He was treated by Dr. Hagan and had a cervical fusion. He returned to his regular job and continued to work until November 17, 1999. He settled that claim and returned to work without restrictions. Patrick indicated he had gone to the dispensary at GE two to three years prior to November 1999 for problems with his legs and hands. He was treated for arthritis. Patrick testified at the hearing conducted June 27, 2001. He has not returned to work and stated he was receiving Social Security disability as well as a pension from GE. He again testified concerning the onset of his problems in November of 1999 and his medical treatment. His testimony was consistent with his deposition testimony. Patrick introduced hospital records consisting of an operative record and a discharge...