Arnold v. Toyota Motor Manufacturing

375 S.W.3d 56, 2012 WL 3632439, 2012 Ky. LEXIS 122
CourtKentucky Supreme Court
DecidedAugust 23, 2012
DocketNo. 2011-SC-000588-WC
StatusPublished
Cited by23 cases

This text of 375 S.W.3d 56 (Arnold v. Toyota Motor Manufacturing) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arnold v. Toyota Motor Manufacturing, 375 S.W.3d 56, 2012 WL 3632439, 2012 Ky. LEXIS 122 (Ky. 2012).

Opinion

OPINION OF THE COURT

This appeal concerns an Administrative Law Judge’s (ALJ’s) decision to award the claimant temporary total disability (TTD) benefits for his work-related shoulder injury from “the date he stopped work, May 10, 2007” until May 8, 2009. The ALJ also awarded permanent income and medical benefits for the injury but denied the claims for cervical and lumbar spine injuries.

The Workers’ Compensation Board determined that the record contained substantial evidence to support a finding that the claimant “left work on May 15, 2007” due to a work-related condition. A Court of Appeals majority reversed, however, convinced that the opinion and award failed to contain findings adequate to make clear whether the ALJ considered and understood all of the evidence relevant to the date when TTD began. The court remanded the claim with directions to reconsider the issue and make additional findings. The claimant asserts on appeal that the ALJ made adequate findings to support the TTD award.

We reverse to the extent that the ALJ made the findings of fact required by KRS 342.0011(ll)(a). We affirm, however, to the extent that the ALJ failed to state in the opinion the evidentiary basis for finding that the claimant was not at a level of improvement from his injury that would permit a return to employment “from the date he stopped work, May 10, 2007.”

[58]*58Thus, we cannot determine whether the ALJ misstated the date that the claimant testified he stopped working due to the injury’s effects; misunderstood the evidence concerning his reason for missing work on May 10, 2007; or chose May 10, 2007 based on other evidence.

I. BACKGROUND.

The claimant was born in 1972, graduated from high school, and earned an Associates degree in electronic engineering. He began working for Toyota Motor Manufacturing in 1997; performed a job in body weld for ten years; and transferred to the assembly line in April 2007. The claimant testified that he began to experience shoulder symptoms in April 2006, which he related to the body weld job, but considered them to be no more than the normal aches and pains of performing physically demanding work. He requested a transfer to the assembly line in order to work on the day shift, thinking that the work would be less physically demanding due to lighter parts and less overtime.

The claimant began the assembly line job in April 2007, working on 500 to 600 automobiles per shift. He experienced right shoulder pain that radiated to his wrist and informed his team leader, who provided ice for his shoulder. The claimant submitted a form requesting family and medical leave for Thursday, May 10, 2007, stating that he needed to care for his wife, who had a migraine headache for which she could not take medication due to pregnancy, and also to care for their children. He testified subsequently that he worked for about two hours on Tuesday, May 15, 2007 before he informed his team leader that he was not feeling well; left work; and sought medical treatment.

The claimant testified when deposed that he quit working on May 15, 2007, explaining that he was experiencing shoulder and back pain “and it was creating stress.” He stated that he sought treatment from Dr. Wechman because he “was extremely stressed at the time” due to “keeping up with my job, and basically being the sole provider for my family” and that Dr. Wechman gave him medication and took him off work. He explained that “[t]he physical pain was causing basically the stress of me being able to do my job.” He testified at the hearing that his shoulder symptoms became “very prominent” in April 2007 and that he “became basically stressed” from working on the assembly line because his team leader, although concerned about his complaints of back, neck, and shoulder pain, “wanted ... to ramp [him] up more” and “wanted [him] running the jobs 100 percent.”

Copies of two FMLA leave request forms were attached to the hearing transcript. The first indicates that the claimant sought leave to care for his spouse as of May 10, 2007; expected to return on May 11, 2007; and signed the form on May 11, 2007. The second indicates that the claimant sought leave for extreme stress and depression as of May 14, 2007; expected to return on May 16, 2007; submitted a physician’s certification on June 5, 2007; and signed the form on June 13, 2007. The claimant acknowledged that neither leave request mentioned a work-related injury.

Medical records indicate that the claimant sought treatment from Dr. Wechman on May 15, 2007, complaining of chest pain that began about one month earlier. He attributed the chest pain to the stress and difficulty of his new job duties and also complained of right shoulder pain, depression, insomnia, irritability, anxiousness, and worrying. Dr. Wechman noted that the claimant now worked the day shift; took “lots of Advil/Naprosyn;” was building a house; and had a baby on the way. [59]*59He diagnosed an acute depressive disorder. The claimant returned on May 23, 2007, stating that he felt he had lost control of everything and did not understand why performing work that he did not like should bother him now when he had been able to “put up with it” for ten years.

The claimant testified that he attempted to make an appointment with Dr. Moskal regarding his shoulder after leaving work in May 2007 but first saw him in June 2007. Dr. Sajadi began treating his shoulder condition in October 2007. After conservative treatment failed to relieve the claimant’s symptoms, Dr. Sajadi performed a subacromial decompression of the right shoulder and a right distal clavicle excision in November 2008. He released the claimant to return to work on May 8, 2009.

The parties stipulated that the claimant had not worked since May 15, 2007 but disputed among other things whether he sustained and gave timely notice of the injuries he alleged. The claimant’s brief to the ALJ argued that he sustained a work-related cumulative trauma injury to his right shoulder when he transferred to thé assembly line in April 2007. He argued that he was entitled to TTD benefits from May 15, 2007, when Dr. Wechman restricted him from working due to stress from the physical demands of his new position, through August 24, 2009, when Dr. Brooks assigned permanent restrictions. The employer argued, however, that the claim should be dismissed because the record failed to show that a work-related injury occurred on the dates alleged.

Convinced that the claimant sustained a right shoulder injury from working on the assembly line; that it became manifest on May 10, 2007; and that the claimant gave timely notice, the ALJ determined that the injury entitled him to medical benefits and to permanent income benefits based on a 6% permanent impairment rating. Addressing the issue of TTD, the ALJ stated on page 34 of the opinion as follows:

Temporary total disability is defined in the Act as “the condition of an employee who has not reached maximum medical improvement from an injury and has not reached a level of improvement that would permit a return to employment.” KRS 342.0011(ll)(a). Here again, I accept the determination of Dr. Prince that maximum medical improvement of the shoulder condition was achieved by May 8, 2009.

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Cite This Page — Counsel Stack

Bluebook (online)
375 S.W.3d 56, 2012 WL 3632439, 2012 Ky. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnold-v-toyota-motor-manufacturing-ky-2012.