SANDRA WILLIAMS PETITIONER
v.
LAKE CUMBERLAND MHMR AND HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE RESPONDENTS
No. 201759528
Kentucky Workers Compensation
Commonwealth of Kentucky Workers’ Compensation Board
February 19, 2021
APPEAL
FROM HON. JONATHAN R. WEATHERBY, ADMINISTRATIVE LAW JUDGE.
COUNSEL FOR PETITIONER: COUNSEL FOR PETITIONER: HON ALISON M
SPARKS LMS
COUNSEL FOR RESPONDENT: HON E SHANE BRANHAM LMS
BEFORE: ALVEY, Chairman, STIVERS and BORDERS, Members.
OPINION
AFFIRMING
ALVEY,
Chairman.
Sandra
Williams (“Williams”) appeals from the November
6, 2020 Opinion, Order, and Award rendered by Hon. Jonathan
R. Weatherby, Administrative Law Judge (“ALJ”).
The ALJ found Williams sustained work-related right hand and
wrist injuries while working for Lake Cumberland MHMR
(“Lake Cumberland”) on November 2, 2017. The ALJ
awarded temporary total disability (“TTD”)
benefits, permanent partial disability (“PPD”)
benefits based upon a 2% impairment rating assessed by Dr.
Michael Nicoson, and medical benefits. The ALJ determined
Williams is not entitled to an enhancement of her PPD
benefits pursuant to KRS 342.730(1)(c)1. Williams also
appeals from the November 23, 2020 Order denying her Petition
for Reconsideration.
On
appeal, Williams argues the ALJ erred in relying upon the
impairment rating Dr. Nicoson assessed. She also argues the
ALJ erred by not enhancing her PPD benefits by the
three-multiplier contained in KRS 342.730(1)(c)1. Because
substantial evidence supports the ALJ’s decision, and
the evidence does not compel a contrary result, we affirm.
Williams
filed a Form 101 on November 13, 2019, alleging injuries to
her right wrist and upper back caused by two work-related
incidents occurring on November 2, 2017. She alleged she was
helping the same client up from the ground in two separate
incidents occurring on that date. She alleged she sustained
pain in her right wrist during both incidents.
Williams’ Form 104 indicates she began working for Lake
Cumberland in April 1992, and at the time of the incidents,
she worked as an adult mental health case manager. She
retired from Lake Cumberland in January 2018.
Williams
testified by deposition on January 21, 2020, and at the final
hearing held September 8, 2020. Williams, a resident of
Eubanks, Kentucky, was born on November 19, 1965. She is a
college graduate, and has a bachelor’s degree in
psychology and social work. Williams is right hand dominant.
Prior
to her employment with Lake Cumberland, Williams worked in
restaurants, was a childcare worker, and later director, for
another entity. Williams performed different jobs for Lake
Cumberland during her tenure. She initially worked as a
children’s therapist. She later worked as a case
manager, as an adult therapist, and as a therapeutic
rehabilitation director. She earned an annual salary of
$31,000.00 when she retired from Lake Cumberland. Her job
duties included assisting adult clients with paying bills,
budgeting, grocery shopping, and additional activities that
varied from case to case.
Williams
previously sustained a low back injury. She experienced
problems with rheumatoid arthritis prior to the work
incidents. At the time of the incidents, she was taking
Tramadol, and undergoing monthly injections for unrelated
problems. In addition to her ongoing low back complaints,
Williams sustained previous knee injuries in motor vehicle
accidents (“MVA”). She also previously sustained
a right arm injury in 2010 as she was assisting her son with
changing a tire.
On
November 2, 2017, Williams was assisting adult clients in
Somerset, Kentucky. In particular, she assisted an elderly
client into a car so...
