No. 01-99923 (2002). Pittman v. Univ. of Kentucky.
Case Date | July 17, 2002 |
Court | Kentucky |
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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