No. 02-00097 (2003). Huber v. Ford/Kentucky Truck Plant.

• Case Date: January 01, 2003
• Court: Kentucky

Kentucky Workers Compensation 2003. No. 02-00097 (2003). Huber v. Ford/Kentucky Truck Plant KARREN K. HUBER PETITIONER vs. FORD/KENTUCKY TRUCK PLANT and HON. RONALD JOHNSON, ADMINISTRATIVE LAW JUDGE RESPONDENTSOPINION ENTERED: January 1, 2003WITHDRAWN AND RE-ENTERED: January 2, 2003 CLAIM NO. 02-00097APPEAL FROM HON. RONALD JOHNSON, ADMINISTRATIVE LAW JUDGEAFFIRMING * * * * * * BEFORE: LOVAN, Chairman, STANLEY and GARDNER, Members.STANLEY, Member. Karren K. Huber ("Huber") appeals from an order rendered August 13, 2001, by Hon. Ronald E. Johnson, Administrative Law Judge ("ALJ"), dismissing her claim for benefits against the respondent, Ford/Kentucky Truck Plant ("Ford"), on the grounds that she failed to give due and timely notice of her alleged work-related injury. Huber also appeals from the ALJ's order of September 9, 2002, denying her petition for reconsideration. On appeal, Huber argues that the notice given to her employer was sufficient under KRS 342.185 and applicable case law. She points out there is no precise standard for determining what is "as soon as practicable," that this assessment must reflect the particular circumstances of each claim. Huber argues the ALJ misunderstood the chronology of the facts presented to him and that he further erred by insisting that Huber identify the exact date upon which notice was given. Our summary of the evidence will focus on those facts relevant to the ALJ's disposition of the claim on the notice issue. Huber is a forty-two years old and resides in Jefferson County, Kentucky. She went to work for Ford in a supervisory capacity in 1998. At the time of the injury alleged herein, Huber was working in the pre-delivery department where her job duties included overseeing the hourly employees who performed final assembly and inspection to ensure the quality of the trucks manufactured in the plant. More specifically, Huber would determine how many employees were needed on the line on a given day, check them into work, and complete the necessary payroll records. It was also her responsibility to ensure a safe work environment for the hourly employees in her charge, addressing any ergonomic issues. Though she testified she was not familiar with the process for reporting an injury of salaried employees, like herself, Huber was in fact responsible for reporting work-related injuries sustained by hourly employees. She would input the information into an OSHA-compliant automated system. As for herself, Huber explained that she would go to the "medical department" for treatment of any injury sustained on the job. On September 15, 2000, Huber was working the night shift, when she borrowed an electric cart that had been signed out by one of the plant superintendents, Leah Paris Wagner ("Wagner"), in order to go check on some workers in FEU, a department located in another building on the premises. Huber had operated a similar electric cart in the past, but was not licensed or authorized to operate one of the carts at the time of the alleged injury. Huber explained that most of the carts had been taken out of commission due to injuries, and it is apparent from the lay witnesses who testified that these carts were prone to mechanical break-downs. Wagner testified she worked at that time in the expedition department and, therefore, had little contact with Huber. On the date of the alleged injury, she had driven the cart over to the pre-delivery department in response to a call from Huber regarding a defect on the expedition line. The battery of the cart had died and so Wagner left it plugged into an outlet outside pre-delivery to recharge. Wagner did not see Huber borrow the cart or witness the episode that gave rise to the alleged injury. She testified that Huber did not mention any injury or appear to be injured later that evening. Huber testified that as she was driving the cart from pre-delivery to the FEU building, she attempted to turn on the lights. The lights of the cart were not functioning, however, nor were the brakes. As Huber approached the FEU building, she was unable to slow the cart. She describes traveling through the front doors and out the back of the FEU building, then turning the corner to make her way back alongside the building to the pre-delivery area. As with FEU, Huber's ride took her through the front door and out the back of the building. As she exited the rear of the building, Huber called for help from some of the drivers, or "yard dogs." She told them she was unable to stop the cart. Though the carts were not very fast, Huber explained they were fast enough that one would not want to jump off while they were moving. When the drivers offered no assistance, Huber called her team leaders on the radio. By that time, she had already run over a curb with the cart, the incident to which she ascribes the neck injury alleged herein. One of her team leaders, Jeff Calvert ("Calvert"), ran alongside and jumped up on the back of the cart and managed to stop it. Huber advised Calvert that the accelerator on the cart was stuck, and was informed that it had been in the repair shop for the same problem the week before. It turns out that, had Huber stood up off the seat, the cart would have shut down; however, she was unaware of that safety mechanism at the time of the occurrence. Also, Huber testified that she did in fact come up out of the seat when she hit the curb, which she described as a six foot cement curb beside the ramp outside door "98" of the pre-delivery department. Huber introduced testimony from Senta Elaine Fultz ("Fultz"), who was one of the "yard dogs" on duty the evening of September 15, 2000. Fultz confirmed the facts...