Watts v. Kentucky Department of Transportation, 032621 KYWC, 201901367

Case DateMarch 26, 2021
CourtKentucky
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...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT