Miller v. Go Hire Employment Development, Inc.

473 S.W.3d 621, 2015 Ky. App. LEXIS 143, 2015 WL 5920264
CourtCourt of Appeals of Kentucky
DecidedOctober 9, 2015
DocketNo. 2014-CA-000379-WC
StatusPublished
Cited by23 cases

This text of 473 S.W.3d 621 (Miller v. Go Hire Employment Development, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Go Hire Employment Development, Inc., 473 S.W.3d 621, 2015 Ky. App. LEXIS 143, 2015 WL 5920264 (Ky. Ct. App. 2015).

Opinions

OPINION

NICKELL, JUDGE:

The appellant, Shirley Miller (Miller), filed a Form 101 on March 28, 2013, alleging injuries-to'her chest, back, right arm and both.legs-as the result-of a work-related motor vehicle accident (MVA) on July 3, 2012, sustained while in the course of delivering lunches in a company van. At the time of the accident, Miller was employed by appellee, Go Hire Employment Development, Inc. (Go Hire), as a cook at the Caney Creek Rehabilitation Genter, where -her duties included preparation and delivery of food.

On September 4, 2013, the administrative law judge (ALJ) entered an opinion and order finding all of Miller’s alleged injuries to be causally related to the work-related accident. The ALJ awarded permanent partial disability (PPD) income benefits pursuant to KRS1 342.730 based upon an 11% whole person impairment rating pursuant to the AMA Guides,2 encompassing a 5% impairment rating attributable to an uncontested back condition and. a 6%. impairment-rating attributable to a contested carpal tunnel syndrome (CTS). The ALJ also awarded past and future medical benefits incurred for the cure and relief -from the effects of Miller’s various injuries, including the contested.CTS. On September 30, 2013, the ALJ overruled Go Hire’s petition for reconsideration.

In its appeal to the Workers’ Compensation Board (Board), Go Hire challenged the ALJ’s award of income and medical benefits for Miller’s CTS. Go Hire assert[624]*624ed no substantial evidence supported a finding of work-related causation regarding the CTS, and noted the ALJ had failed to provide any specific factual basis supporting the award as requested in its petition for reconsideration.

In an opinion entered on January 31, 2014, the Board reversed the ALJ’s award of PPD income benefits to the extent it encompassed the 6% impairment rating attributable to Miller’s contested CTS, and remanded for the ALJ to recalculate Miller’s award based solely upon the remaining 5% impairment rating assessed for her uncontested low back injury. In doing so, the Board held the 6% impairment rating assessed by Dr. Arthur Hughes in relation to his examination of Miller on April 23, 2013, could not be considered substantial evidence to support an award of PPD income benefits. The Board reasoned the ALJ had held Miller had not reached maximum medical improvement (MMI) until July 31, 2013, when examined by Dr. David Jenkinson, and an impairment rating- is improper under the AMA Guides until the clinical findings indicate the medical condition is static and well-stabilized with no further improvement or deterioration anticipated, thereby having reached MMI.3 In addition, the Board vacated the ALJ’s award of medical benefits relating to Miller’s CTS. The Board remanded the matter for further findings by the ALJ— with specific citation to supporting evidence — regarding whether the contested CTS condition is work-related; permanent or temporary; and entitled Miller to an award of any medical benefits.4

Miller now appeals. Upon careful review of the record and arguments, the Board’s opinion of January 31, 2014, is affirmed in part and reversed in part, and the matter is remanded to the ALJ for further specific findings consistent with this Opinion.

FACTUAL AND PROCEDURAL HISTORY

The relevant facts and posture of this case were summarized by the Board as follows:

In the course of delivering lunches in a company van on July 3, 2012, Miller was involved in a motor vehicle accident (“MVA”) which she alleged resulted in injuries to her chest, back, right arm, and both legs. As previously noted, there is no dispute the MVA caused a low back injury resulting in a compensa-ble 5% impairment. At the time of the injury, Miller was working as a cook at Caney Creek Rehabilitation Center which entailed preparing and delivering the food.
Miller testified she was driving to Go Hire’s Breathitt County [Cjenter when a vehicle pulled onto the highway and struck the right side of the van. Upon impact, she swerved hitting a building and a pole located beside the building. Miller testified the right fender and the driver’s door had extensive damage. The seatbelt cut into her shoulder and her glasses were knocked off. Miller was taken by ambulance to the hospital in Breathitt County. [FN] She testified her back, neck, leg, and chest hurt and her right arm was numb.
[FN] The Kentucky River Medical Center.
During her June 24, 2013, deposition, Miller testified she was still having pain [625]*625and problems in her lower back and legs. As to whether she injured any other body parts, Miller provided the following testimony:
Q: Did you injure any other parts of your body such as your neck or your upper back?
A: No.
Q: Did you injure your arms or your wrist in any way?
A: No.
Q: Do you have any pain or symptoms in your neck or your arms?
A: No.
Q: Do you have any pain' or symptoms in your elbows?
A: No’.
Q: Do you have any pain or symptoms in your wrists?
A: No.
Q: Any numbness or tingling in your arms?
A: No.
Miller missed no work as a result of the accident. After the Caney Creek Rehabilitation Center closed on March 30, 2013, in April she began assisting clients at the Go Hire centers in Breathitt and Owsley Counties. The job to which she transferred is much lighter duty and does not involve any manual labor, bending, lifting, or carrying. Miller testified she is working full-time without any restrictions on her 'activities. Miller, acknowledged she has diabetes and a thyroid'disorder.
At the August 29, 2013, hearing, Miller testified she continues to experience back and leg pain. On direct, Miller provided the following testimony relative to her right wrist problems:
Q: Are you experiencing problems with your right wrist?
A: In my hand here and then there’s — there’s a knot right through there.
Q: And, did — is—-is the car accident where it began?- Had you noticed it before, Shirley?
A: No, I haven’t noticed it before the accident — uh-uh.
On cross-examination, Miller testified as follows:
Q: Now, as to your wrist condition, you — you did not injure your right wrist in the accident did you?
A: This one — the ambulance driver asked me was I hurt and I told him both of my hands was [sic] hurting and numb and both of my legs were numb.
Q: Did you tell any doctor that you went to see after the accident that you had injured your right wrist?
A: I told him that both of my hands were numb, as far [sic] I could remember, and I told him both of my legs were numb. • ■

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Cite This Page — Counsel Stack

Bluebook (online)
473 S.W.3d 621, 2015 Ky. App. LEXIS 143, 2015 WL 5920264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-go-hire-employment-development-inc-kyctapp-2015.