BRENDA WATTS PETITIONER
v.
KENTUCKY DEPARTMENT OF TRANSPORTATION AND HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE RESPONDENTS
No. 201901367
Kentucky Workers Compensation
Commonwealth of Kentucky Workers’ Compensation Board
March 26, 2021
APPEAL
FROM HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE.
COUNSEL FOR PETITIONER: LMS HON STEPHANIE L COLEMAN
COUNSEL FOR RESPONDENT: LMS HON LEE JONES
BEFORE: ALVEY, Chairman, STIVERS and BORDERS, Members.
OPINION
AFFIRMING
ALVEY,
Chairman.
Brenda
Watts (“Watts”) appeals from the August 25, 2020
Opinion and Order and the September 10, 2020 Order overruling
her Petition for Reconsideration rendered by Hon. Jonathan R.
Weatherby, Administrative Law Judge (“ALJ”). The
ALJ dismissed Watts’ claim for injuries to her low
back, feet, and left hip allegedly caused by cumulative
trauma.
On
appeal, Watts argues the ALJ erred in dismissing her claim
based upon the evidence of record as a whole. Watts alleges
the ALJ erroneously discredited Dr. Anbu Nadar’s
opinion by incorrectly stating he did not review any
diagnostic studies in formulating his opinion regarding
causation. Because substantial evidence supports the
ALJ’s determination, and a contrary result is not
compelled, we affirm.
Watts
filed a Form 101 on November 5, 2019. She alleged injuries to
her low back and left leg, feet, and left hip due to
repetitive standing, walking, climbing, crouching, and
lifting while employed as an inspector by the Kentucky
Department of Transportation (“KDT”). Watts
listed July 31, 2016 as the injury date, which is also the
date she retired from KDT. The Form 104 indicates Watts
worked as a permit inspector for KDT from April 1986 to July
31, 2016.
A
Benefit Review Conference was held on March 10, 2020. The
parties identified the following contested issues:
manifestation date, work-related injury/causation, notice,
benefits per KRS 342.730, ability to return to work,
exclusion for pre-existing impairment, unpaid/contested
medical treatment, proper use of AMA Guides, and
injury as defined by the Act.
Watts
testified by deposition on December 19, 2019 and at the final
hearing held June 26, 2020. Watts was born in September 1958
and resides in Pikeville, Kentucky. Watts graduated from high
school and has no specialized or vocational training. She
worked in the KDT maintenance department from 1986 to 1987.
She was then assigned to the construction department from
1987 to 2001. In both the maintenance and construction
departments, Watts primarily worked in the office doing
paperwork and performing telephone tasks. Watts occasionally
operated an end loader while in the maintenance department.
While in the construction department, Watts occasionally
assisted on concrete pours, and loading and carrying concrete
cylinders weighing ten to fifteen pounds. She also
occasionally assisted in surveying, running transits, and
setting blacktop.
Watts
began working in the permit division in 2001, and was
assigned to several Kentucky counties. Watts provided the
following testimony regarding her job duties:
I was in the permit division. I would go out with contractors
when they done anything on state right-of-way. I had to do
field reports to make sure that everything was put in to our
- - the Department’s specifics. If it was a pipe, you
know, the depth had to be correct. If it was an overhead
line, the height had to be correct. Drain tile, if it was
private, a private drive had to be put in correct. I done all
of that. I had three counties that was primary (sic) my
counties that I had to work. At times, I would have to work
other counties. If someone was off and needed covered, I
would drive those counties. If I didn’t have a
contractor working at the time. I would drive those counties
to make sure that no one was doing anything illegal on state
right-of-way.
Watts’
job required her to walk three to four miles on a daily
basis. She started her workday in the office, then drove a
state vehicle to various job locations to ensure contractors
were meeting specifications. She walked into ditches,
typically using a ramp, to measure the pipe depth with a
measuring tape. She used a pole to measure the utility line
height. Watts testified her job required extended driving,
standing, walking, bending, crouching, and kneeling. She
worked at least fifty hours per week. Watts retired from KDT
on July 31, 2016 because she could no longer properly perform
her job duties due to her pain, symptoms, and limitations.
She has not returned to any work since her retirement.
Watts
alleged injuries to her low back, feet, and left hip due to
her repetitive work activities with KDT. Watts experienced
gradually worsening low back pain radiating into her left leg
for approximately ten years. She takes Ibuprofen 800,
Flexeril, and Neurontin prescribed by her family physician.
She also uses a heating pad throughout the day. Watts
underwent a lumbar MRI two or three years...