Purchase Area Economic Opportunity Council, Inc. v. Workmen's Compensation Board

459 S.W.2d 604, 1970 Ky. LEXIS 142
CourtCourt of Appeals of Kentucky
DecidedNovember 6, 1970
StatusPublished

This text of 459 S.W.2d 604 (Purchase Area Economic Opportunity Council, Inc. v. Workmen's Compensation Board) 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
Purchase Area Economic Opportunity Council, Inc. v. Workmen's Compensation Board, 459 S.W.2d 604, 1970 Ky. LEXIS 142 (Ky. Ct. App. 1970).

Opinion

STEINFELD, Judge.

This is an appeal by an employer from a judgment of the Calloway Circuit Court affirming an order of the Kentucky Workmen’s Compensation Board. The board found that Roach’s “trouble is mental” and that he “ * * * had no pre-existing dormant non-disabling disease condition capable of being aroused into disabling reality by subsequent injury.” It dismissed the claim against the appellee, Special Fund, and assessed liability for permanent total disability and for medical expenses against the employer. We reverse.

Appellee, Olis Roach age 59, was injured and the driver was killed in a work-connected truck accident while Roach was in the employ of appellant, Purchase Area Economic Opportunity Council, Inc. (hereinafter PAEOC). He sustained a concussion of the brain, a possible fracture to his skull, a head wound and broken ribs. Before the accident he appeared to be in good health, had missed no time from his employment for many months and regularly worked a full shift. He fully recovered from the head wound and the broken ribs but he was never able to return to work. The effect, if any, of the brain concussion, the possible fractured skull, and of the trauma is the subject of this controversy.

In the proceedings before the board Dr. John W. Uzmann, a psychiatrist, stated that Roach was completely and permanently disabled as he was suffering from “ * * * a chronic brain syndrome due to a pre-existing dormant, non-disabling arteriosclerotic disease aroused into disabling reality by the physical and emotional trauma of the automobile accident.” He deposed that arteriosclerosis is a physical condition which does not cause emotional problems.

[605]*605The deposition of Dr. Uzmann was in part as follows:

“10. Q. Based on your examination and that revealed by the psychological examination, would you state what, if anything, you found?
A. I feel Mr. Roach is suffering from chronic brain syndrome due to probably arteriosclerotic disease.
11. Q. Do you feel this was aggravated by the recent accident he was in on November 7, 1967?
A. One could presume this process that is taking place in Mr. Roach in his brain, chronic brain syndrome, does not come on as rapidly as one would suppose. I would presume in my opinion he has been suffering from chronic brain disease for a number of years and some type of a dramatic incident, either physical or emotional, could precipitate the condition existing now. The present condition I feel is one of less than marginal functioning in society.
12. Q. Doctor, would you state whether or not it is your opinion that this accident did in this case precipitate his disability?
A. It is my opinion that any type of a physical or emotional trauma could interfere with this person’s functioning. One can have an emotional problem such as chronic brain syndrome and function on a very minimal level ‘without any observance from even close relatives unless-they are aware of the condition existing. Then from some type trauma, which could be physical or emotional, one completely becomes deteriorated and then the signs and symptoms are marked. They probably existed, but the patient protects himself against the deterioration of the brain until such time as either this is caused by trauma, emotional trauma, or just by continuous old age.
14. Q. I will ask you this, Doctor, Did the patient relate a history to you that he was involved in an automobile accident ?
A. At this time the patient stated he sustained an automobile accident with one of his fellow workers who was driving the car. At this time the person driving the car was killed, and the patient was evidently traumatized physically in the accident. The medical reports I have seen from the doctors who treated him at that time, he had some fractures, but the ones we were concerned with, says possible fracture of the skull. Patient at that time also had broken ribs and nine stitches in his forehead. This information, the fact of the stitches, broken ribs and everything, was not related by the patient. He has vague memory of the accident. This was taken from the medical reports submitted to me at that time. I believe this type traumatic incident where death is incurred and fractures of the skull would in my opinion precipitate any type of a marginal type function the patient was experiencing at this time.”

Dr. Arthur L. Robertshaw, also a psychiatrist, said that Roach “ * * * was suffering from chronic brain syndrome associated with cerebral arteriosclerosis * * * and that it had little or no connection with any accident he had received.” Part of his interrogation was as follows:

“Q. In your opinion, based upon your training and experience of some 30 years, and the examination on two occasions of Mr. Roach, state whether or not in your opinion his present condition is in any way related to or was precipitated by the automobile accident on November 8, 1967.
A. It is my feeling and my impression that his present condition is most likely to be the result of his condtion of generalized arteriosclerosis, and this would, in fact, explain his present symptoms.
Q. Did you find anything in the course of either of your examinations to [606]*606indicate that Mr. Roach was suffering from any condition other than cerebral arteriosclerosis that might account for these complaints?
A. No, I did not.”

PAEOC’s motion to make the Special Fund a party defendant (KRS 342.120) was sustained. The board appointed Dr. Frederick C. Ehrman, a psychiatrist, as the independent examining physician. KRS 342.121. Dr. Ehrman stated that he could not answer the board’s questions without further testing, so another psychiatrist, Dr. James E. Adams, was appointed. Cf. Young v. Leigh Coal Company, Ky., 433 S.W.2d 865 (1968). He reported that Roach’s functional disability was 85% and said in part:

“The patient at this time is felt to have a brain syndrome or dementia of unknown duration and unproven etiology. * * * The patient does present a history of a pre-existing head injury which may or may not have a causal relationship to his present demented state. If we assume that the patient was in good physical and emotional health and well aware of his environment and able to care for himself as well as his family prior to his alleged accident in November of 1967 and then following his alleged accident he became disoriented with impaired memory, judgment and impoverishment of thinking as well as difficulty with behavior; then it seems reasonable a temporal if not causal relationship to the accident may exist. It is felt that pertinent laboratory studies as well as some special laboratory procedures would be of great benefit in excluding at least many of the causes of dementia.”

No other physician testified but the board stated that Dr.

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Bluebook (online)
459 S.W.2d 604, 1970 Ky. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/purchase-area-economic-opportunity-council-inc-v-workmens-compensation-kyctapp-1970.