No. 01-99923 (2002). Pittman v. Univ. of Kentucky.

Case DateJuly 17, 2002
CourtKentucky
Kentucky Workers Compensation 2002. No. 01-99923 (2002). Pittman v. Univ. of Kentucky DORIS PITTMAN PETITIONER vs. UNIVERSITY OF KENTUCKY and HON. JAMES L. KERR, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: July 17, 2002CLAIM NO. 01-99923APPEAL FROM HON. JAMES L. KERR, ADMINISTRATIVE LAW JUDGE AFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.STANLEY, Member. Doris Pittman ("Pittman") appeals from a decision rendered February 13, 2002, by Hon. James L. Kerr, Administrative Law Judge ("ALJ"), limiting her award of benefits against the respondent, University of Kentucky ("UK"), to that of permanent partial disability. Pittman also appeals from an order issued March 25, 2002, denying her petition for reconsideration. On appeal, Pittman raises a single issue. She argues that the opinion of her treating physician that she is unable to engage in any type of work activities is unrebutted. By contrast, the medical report from an evaluating physician submitted in defense by UK, expresses no opinion as to her ability to engage in substantial gainful activity following her work-related injuries. As such, Pittman reasons that the opinion of her treating physician as to her "medical restrictions" is unrebutted. For that reason, Pittman contends the record, when considered as a whole, compels a determination that she is now permanently, totally disabled and that it was error for the ALJ to conclude otherwise. After having thoroughly reviewed the evidence of record and the applicable law, we find no merit in Pittman's argument and therefore affirm the decision of the ALJ. The facts of Pittman's claim are relatively undisputed. She was born on August 14, 1954 and is a resident of Winchester, Kentucky. Pittman has a seventh grade education. She later obtained her GED, but has received no specialized or vocational training. Pittman's past relevant work experience includes employment as a press operator for a uniform rental company; a machine operator for a manufacturing corporation; and, employment as a janitor and supervisor of janitorial staff. Pittman entered the employ of UK in 1981 at its medical center where she was responsible for cleaning patients' rooms. She was eventually promoted to supervisor which also involved keeping timecards and training cleaning personnel, in addition to her normal janitorial activities. In 1991, she was transferred to UK's physical plant where she cleaned college classrooms and other university buildings. She remained classified as a supervisor after the transfer. In addition to her managerial duties, Pittman described her job responsibilities with UK as being quite physically demanding at times. In 1993, Pittman injured her low back after falling down steps at work. She eventually filed a workers' compensation claim which was settled. After this injury, however, following a period of physical therapy, she returned to her normal and customary job activities. On March 11, 1998, Pittman suffered the first of two work-related injuries that are the subject of this appeal. On that occasion, she slipped on some steps at the far end of a classroom building while spreading "ice melt." As a result of the fall, she again injured her low back. After completing an accident report, she was unable to finish her eight-hour shift and sought medical attention at the UK medical clinic. Pittman eventually came under the care of Dr. Robert Nickerson, a physical medicine...

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