Sheila Woosley Kingery v. Sumitomo Electric Wiring

481 S.W.3d 492, 2015 WL 6590698
CourtKentucky Supreme Court
DecidedOctober 27, 2015
Docket2014-SC-000422-WC
StatusUnknown
Cited by9 cases

This text of 481 S.W.3d 492 (Sheila Woosley Kingery v. Sumitomo Electric Wiring) 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
Sheila Woosley Kingery v. Sumitomo Electric Wiring, 481 S.W.3d 492, 2015 WL 6590698 (Ky. 2015).

Opinions

[494]*494OPINION OF THE COURT BY

JUSTICE NOBLE ■

The Appellant, Sheila Woosley Kingery, was injured in 1989 as a result of her employment with the Appellee, Sumitomo Electric Wiring, and was awarded workers’ compensation benefits, including lifetime medical benefits for treatment of the injury. In 2012, Sumitomo challenged the continuing compensability of her treatment, claiming both that currently prescribed drugs were not reasonable and necessary treatments of Kingery’s present complaints and also that such complaints were not causally related to the 1989 work injury. The Administrative Law Judge found that the treatment was compensable. The Workers’ Compensation Board affirmed, but the Court of Appeals reversed. On appeal to this Court,’ we affirm the Court of Appeals.

I. Background

In the fall of 1989, Sheila Woosley King-ery developed a repetitive-use injury during her employment with Sumitomo Electric Wiring. Kingery testified that her job there required her to reach overhead to hang coils of wire on pegs. She hung about three coils per minute. She testified that she had to strain to loop the coils around the pegs because of her height (she is four feet, eight inches tall). She had worked for Sumitomo for about one month when she developed pain in her neck and upper back.

After she filed a workers’ compensation claim, ALJ Dwight T. Lovan awarded benefits, including future medical benefits, for “a cervical and thoracic spine strain' or sprain superimposed upon pre-existing degenerative changes.” ALJ Lovan further found that the occupational impact of Kingery’s injury was minimal and that the effects of the injury did not prevent her from returning to her work activities with Sumitomo, “with the possible exception of the one job she did hanging subassem-blies” as that activity had led to the work injury.

Thereafter, Kingery returned to work for Sumitomo and was assigned to a seated position inspecting wire connectors. But, she testified, because this still involved “moving back and forth a lot” while her neck and back were “messed up,” she only did this for about two hours before she stopped working for Sumitomo altogether. She testified that she subsequently had one other job with another employer involving counting and packaging items into boxes, which she quit after only a few months because she “couldn’t do it either.” She has not worked since. '

On February 15, 2012, Sumitomo filed this medical-fee dispute to contest the reasonableness and necessity of the treatment being provided by Kihgery’s treating physician, Dr. Todd Douglas, as well as the relatedness of that treatment to the 1989 work injury. Specifically,- Sumitomo contested the' compensability of Kingery’s use of Lorcet,1 Skelaxin,2 Xanax,3 and Celexa,4 which Dr. Douglas was prescribing at the time of filing of this medical dispute. But [495]*495after this dispute was filed, Dr. Douglas stopped treating-Kingery for the alleged effects, of her work injury (while, continuing to provide treatment for her other unrelated medical concerns).5 . The parties and the ALJ, however, agreed to proceed with resolving the dispute as filed as if the medications at. issue were still being prescribed by Dr. Douglas. Sumitomo also agreed to assist Kingery in finding a new physician to take over her treatment.

In support of its medical dispute, Sumi-tomo filed the., evaluation report of Dr. David Randolph,6 who evaluated Kingery at Sumitomo’s request on December 29, 2011. He also testified via deposition on August 27, 2012. Based on the history Kingery provided, his review of the available medical records, and his own physical examination of Kingery, Dr. Randolph concluded that her current subjective complaints of pain are unrelated to the mild sprain or strain injury caused by her work for Sumitomo in 1989 and that the drugs being prescribed are not reasonable and necessary to treat those complaints, whatever their cause.

Aside from Dr. Randolph’s report and deposition, the post-award medical evidence in this case ⅛ quite sparse. The record contains two treatment notes from Dr. Douglas, dated February 1 and February 29, 2012, which were her final two visits with him related to the work injury. Dr. Randolph also reviewed and summarized in his report more than 50 medical records documenting Kingery’s treatment with Dr. Douglas from 1999 through 2011. According to those notes, Dr. Douglas’s treatment had been directed, in relevant part, toward Kingery’s complaints. of pain—in her low, middle, and upper back, and neck—as well as stress, anxiety, and depression. This treatment exclusively involved prescribing various narcotics and other drugs. No objective abnormalities are noted.

Kingery filed no medical evidence to rebut Dr. Randolph’s opinions. Instead, she testified about her original work injury, work history, medical history, and' current medical condition. As noted above, she testified that she has been unable to work over the past two decades due to her medical condition. She testified that pain in her neck and upper back has persisted and worsened since her 1989 work' injury and that it now involves everything from her low back, to her mid-back and ribs, and up to her neck.' She confirmed that she has never had surgery for her complaints and that surgery has never been recommended. ' She testified that her low-back pain first began, as-a result .of a fall in 2011, and she disputed the accuracy of Dr. Douglas’s treatment notes prior to 2011 referencing low-back pain as her primary complaint. She testified that the drugs prescribed by Dr. Douglas would dull the pain, but that -it never completely went away....

De’spite the absence of any medical evi-dénce to the contrary, the ALJ disregarded Dr. Randolph’s opinions and instead relied solely on Kingery’s lay testimony to find that her current complaints were related to the' 1989 work injury and that the drugs being prescribed for those complaints were reasonable and necessary. [496]*496Sumitomo filed a petition for reconsideration, arguing that it was inappropriate for the ALJ to disregard the only expert medical évidence in the record—the report and testimony of Dr. Randolph—in ■ favor of Kingery’s lay testimony. The ALJ overruled the petition, and the Board affirmed.

Sumitomo appealed to the Court of Appeals, which reversed, holding that King-ery had failed to produce medical evidence to sustain her burden of proving that the treatment by Dr. Douglas was causally related to her 1989 work injury or a condition caused by.it. More specifically, the Court of Appeals concluded that, under the circumstances, the medical cause of King-ery’s complaints of pain would not be apparent to a lay person and, thus, that it was impermissible for the ALJ to disregard the medical evidence in favor of King-ery’s lay testimony to find that her current condition and complaints of pain were medically caused by the 1989 work injury,

Kingery now appeals that decision as a matter of right. Additional facts will be developed as necessary in the discussion below.

II. Analysis

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481 S.W.3d 492, 2015 WL 6590698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheila-woosley-kingery-v-sumitomo-electric-wiring-ky-2015.