Coleman v. Emily Enterprises, Inc.

58 S.W.3d 459, 2001 Ky. LEXIS 180, 2001 WL 1298234
CourtKentucky Supreme Court
DecidedOctober 25, 2001
Docket2000-SC-1030-WC
StatusPublished
Cited by7 cases

This text of 58 S.W.3d 459 (Coleman v. Emily Enterprises, Inc.) 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
Coleman v. Emily Enterprises, Inc., 58 S.W.3d 459, 2001 Ky. LEXIS 180, 2001 WL 1298234 (Ky. 2001).

Opinions

OPINION OF THE COURT

Based upon a finding that the claimant’s anxiety and depression were associated with his work-related back injury and his employer’s failure to promptly provide medical care for the injury, an Administrative Law Judge (ALJ) determined that expenses incurred for treating the anxiety and depression were compensable. Reversing a decision of the Workers’ Compensation Board (Board) that had affirmed the award, the Court of Appeals determined that the mental conditions were not a direct result of the back injury and concluded that because they did. not come within the definition of an “injury,” they were not compensable. This appeal concerns whether the conditions constituted an “injury” as that term is defined in the December 12, 1996, version of KRS 342.0011(1).

The claimant worked as a laborer and equipment operator in underground coal mining. On February 18, 1998, the shuttle car that he was operating ran over a rock, throwing him from the cab and injuring his back. Dr. Coleman, the claimant’s family physician, diagnosed a muscular injury and prescribed physical therapy and work hardening before eventually referring the claimant to Dr. Hylton, a neurosurgeon. Dr. Hylton’s April, 1998, report indicates that he diagnosed an acute structural mus-culoligamentous injury and an acute right sacroiliac injury, both of which resulted from the work-related incident. He recommended pelvic stabilization maneuvers which he indicated could be helped by careful chiropractic treatment and should be coordinated with a specific sacroiliac treatment program for which he referred the claimant to Dr. Dubick at the Pain Clinic. He anticipated that treatment would take about three months.

In May, 1998, Dr. Coleman noted that the claimant had been unable to obtain the [461]*461treatment which Dr. Hylton had recommended because the employer’s insurance carrier had refused to pay for it. Noting that the claimant was in pain and that he had also become anxious and depressed, Dr. Coleman indicated that the carrier’s actions had interfered with the claimant’s medical care, prolonged the injury, and caused a secondary problem with severe anxiety and depression because of his inability to work. Dr. Coleman indicated that he had prescribed an antidepressant to alleviate the symptoms, which he indicated were directly related to the injury, and that he had suggested that the claimant seek legal counsel in order to be able to obtain proper treatment.

A June, 1998 report from Dr. Harrison indicates that he provided chiropractic treatment on referral from Dr. Hylton. His report indicates that he had tried repeatedly to get approval and authorization for treatment from the insurance carrier but that it had refused to give any information or to authorize treatment. Nonetheless, the record indicates that Dr. Harrison continued to provide treatment through September 28,1998.

At the employer’s request, Dr. Schmitz evaluated the claimant in July, 1998. Reviewing the medical treatment to date, Dr. Schmitz noted that Dr. Hylton had recommended treatment by both a chiropractor and a pain specialist but that it had been denied. He thought that the claimant had reached maximum medical improvement but suggested a bone scan to rule out the possibility of a subtle pelvic fracture or a sacroiliac joint injury. He also recommended treatment at a pain clinic as the next therapy but indicated that the improvement might not be great.

In September, 1998, the employer had the claimant examined by Dr. Pursley, a neurologist. He was not persuaded that the anxiety and depression were due to the injury or that claimant’s injury was so significant that it would warrant a permanent impairment rating. He also reported significant symptom magnification.

Dr. Rapier evaluated the claimant in October, 1998, and testified on his behalf. He assigned a 5% functional impairment, all of which he attributed to the back injury. He also assigned various restrictions and indicated that the claimant did not retain the physical capacity to return to his pre-injury employment.

An ALJ awarded a 5.625% permanent, partial disability and medical treatment for the effects of the back injury. Petitioning for reconsideration, the claimant pointed out that he had received prescriptions from Dr. Coleman for the psychiatric effects of his injury and that the employer’s insurance carrier had refused to pay for recommended medical treatment. He requested that the employer be ordered to pay the existing and outstanding expenses for those psychiatric medications. The ALJ sustained the petition and stated as follows:

Although Dr. Pursley did not consider plaintiffs psychological/psychiatrie symptoms work-related, the proof from Dr. Coleman, one of plaintiff’s treating physicians, established that such symptoms indeed were associated with the February 18, 1998, work injury and the defendant-employer’s failure to promptly provide medical care; therefore, while the record otherwise lacks proof that the anxiety and depression [have] produced permanent impairment or disability, an award of medical benefits therefor is warranted;

Appealing, the employer asserted that the mental conditions were not a direct result of the back injury and, therefore, were not compensable. The Board rejected the argument, explaining that had the claimant not sustained the work-related back injury [462]*462and required medical treatment, the employer’s subsequent denial of that treatment would not have resulted in anxiety and depression. The Board concluded that although the evidence did not compel such a finding, the ALJ had acted within his authority when concluding that the need for psychiatric treatment was “reasonable and a proximate result of his work-related injury.”

Reversing the Board, the Court of Appeals explained that KRS 342.0011(1) requires that a mental condition be a “direct result” of the physical injury in order for it to be compensable. It determined that the terms “proximate cause” and “direct result” referred to different types of causation and that the claimant’s mental injury was “the sort of condition that the legislature intended to exclude from its definition of ‘injury’ when it amended KRS 342.0011(1).” Concluding that the Board had misconstrued the provision, the Court of Appeals reversed and remanded for further proceedings.

As effective December 12, 1996, KRS 342.0011(1) provides, in pertinent part, as follows:

“Injury” means any work-related traumatic event or series of traumatic events, including cumulative trauma, arising out of and in the course of employment which is the proximate cause producing a harmful change in the human organism evidenced by objective medical findings.... “Injury” ... shall not include a psychological, psychiatric, or stress-related change in the human organism, unless it is the direct result of a physical injury.

It is apparent from the foregoing that since December 12, 1996, the term “injury” refers to the traumatic event or series of events that causes a harmful change rather than to the harmful change, itself.

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Coleman v. Emily Enterprises, Inc.
58 S.W.3d 459 (Kentucky Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
58 S.W.3d 459, 2001 Ky. LEXIS 180, 2001 WL 1298234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-emily-enterprises-inc-ky-2001.