Bryant v. Care, 2018-SC-000265-WC
| Decision Date | 14 February 2019 |
| Docket Number | 2018-SC-000265-WC,2018-SC-000269-WC |
| Parties | RAYMOND BRYANT APPELLANT v. JESSAMINE CAR CARE; HON. JOHN COLEMAN, ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD APPELLEES AND JESSAMINE CAR CARE APPELLANT v. RAYMOND BRYANT; HON. JOHN COLEMAN, ADMINISTRATIVE LAW JUDGE; HON. WILLIAM RUDLOFF, ADMINISTRATIVE LAW JUDGE; WORKERS' COMPENSATION BOARD; AND KENTUCKY COURT OF APPEALS APPELLEES |
| Court | United States State Supreme Court — District of Kentucky |
IMPORTANT NOTICE NOT TO BE PUBLISHED OPINION
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28(4)(C), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS BINDING PRECEDENT IN ANY OTHER CASE IN ANY COURT OF THIS STATE; HOWEVER, UNPUBLISHED KENTUCKY APPELLATE DECISIONS, RENDERED AFTER JANUARY 1, 2003, MAY BE CITED FOR CONSIDERATION BY THE COURT IF THERE IS NO PUBLISHED OPINION THAT WOULD ADEQUATELY ADDRESS THE ISSUE BEFORE THE COURT. OPINIONS CITED FOR CONSIDERATION BY THE COURT SHALL BE SET OUT AS AN UNPUBLISHED DECISION IN THE FILED DOCUMENT AND A COPY OF THE ENTIRE DECISION SHALL BE TENDERED ALONG WITH THE DOCUMENT TO THE COURT AND ALL PARTIES TO THE ACTION.
NOT TO BE PUBLISHED
ON APPEAL FROM COURT OF APPEALS
WORKERS' COMPENSATION BOARD NO. WC-13-64322
ON APPEAL FROM COURT OF APPEALS
WORKERS' COMPENSATION BOARD NO. WC-13-64322
MEMORANDUM OPINION OF THE COURTAFFIRMING IN PART, REVERSING IN PART, AND REMANDING
Raymond Bryant was injured while working as a technician at Jessamine Car Care. He initiated a claim for benefits pursuant to Kentucky Revised Statutes (KRS) Chapter 342, the Workers' Compensation chapter. After several years of treatment and litigation, an Administrative Law Judge (ALJ) awarded Bryant temporary total disability (TTD) benefits for two separate periods, and permanent partial disability (PPD) benefits after Bryant had reached maximum medical improvement (MMI). The ALJ also awarded medical expenses related to the injury. Both the Workers' Compensation Board (Board) and the Court of Appeals affirmed. Both Bryant and Jessamine Car Care have appealed to this Court as a matter of right.
Bryant began working for Jessamine Car Care as a technician before Patty and Mike Johns took over ownership and management of the shop. The previous owner passed away after battling cancer and the Johnses kept Bryant on as an employee. On June 13, 2013, Bryant was assisting another mechanic with removing a transmission from a Jeep Liberty when the transmission came off the jack and caught Bryant's arm. Bryant attempted to regain control of the transmission, but it fell to the ground, causing a strain on his lower back. He stated that he told Mike about the incident, along with Patty. He told them that he felt he could work through the pain and would be fine. Mike testified that he recalled Bryant telling them of the incident with the transmission butnever told them he was injured as a result. Bryant struggled with pain over the next several weeks, which he testified caused his work to become sluggish and more painful. He had an appointment with his primary care physician, Dr. Madonna Hall, on August 5, 2013, seeking pain medication for pain in his neck and hips. On September 25, 2013, Patty and Mike terminated Bryant from his position. Bryant had a previously scheduled appointment with Dr. Hall on October 1, 2013. At that appointment, he gave a history of the June 2013 transmission incident and right-sided lower back pain since that time. He was prescribed medications and taken off work for two weeks; he continued treatment but alleged worsening pain. On December 4, 2013, Dr. Hall recommended physical therapy. Bryant's claim for the physical therapy was denied, and he was unable to obtain the recommended treatment.
On December 16, 2013, Bryant went to St. Joseph Hospital's Emergency Room. He was diagnosed with degenerative disc disease of the lumbar spine. He began treatment with Dr. Harry Lockstadt, who determined that Bryant likely had a lumbar strain involving the sacroiliac complex. He recommended physical therapy and a 15-pound lifting restriction. During his deposition, Dr. Lockstadt opined that the injury was caused by a force applied through the back, down the discs and joints, causing inflammation and pain. Dr. John Vaughn evaluated Bryant on May 7, 2014, diagnosing mechanical lower back - pain and lumbar strain. Dr. Vaughn recommended a 50-pound lifting restriction but recommended against injections or fusion surgery.
At the later hearings with the ALJ, Jessamine Car Care presented video evidence from August 2014, that they allege proved Bryant had returned to work. The video surveillance showed Bryant reporting to a garage called Crowe's Master Tech each morning from August 26, 2014 to August 29, 2014. The video showed Bryant reporting to the garage, opening the business, being behind the counter, and under vehicle hoods. When questioned about the video, Bryant stated that he was not paid for this time. He had been in discussions with the owner about assisting him in eventually opening another auto shop. Bryant said that he gave some advice to some of the younger workers, spoke with people, and "h[u]ng out," but Bryant ultimately determined that the owner could not afford to pay him a reasonable wage for his experience. Bryant admitted that he was given keys to the building for a week when he opened and closed up the shop while the head tech was on vacation. He stated that he was not paid for any work there. There was no proof of payment or testimony from the head technician or shop owner at Crowe's Master Tech in the record.
Bryant saw Dr. Lockstadt again on April 29, 2015. At that time, Dr. Lockstadt felt Bryant had developed secondary osteophyte changes in the sacroiliac joint as a result of the lumbosacral sprain and determined conservative management of the condition had failed. He recommended surgical arthrodesis to the sacroiliac joint on the right side. Bryant agreed and the surgery was performed on August 12, 2015. On November 23, 2015, Dr. Lockstadt found that Bryant had a successful fusion of the joint, allowed himto perform work activities as tolerated, and recommended a 40-pound lifting restriction with a return to full activity on February 23, 2016. In an undated later report, Dr. Lockstadt released Bryant to medium level work, lifting up to 50 pounds occasionally. Bryant also testified the surgery was an immense help for his condition and eased his pain. However, he felt he could not return to the heavy lifting work he had been performing previously as it required too much squatting and lifting while working on very hefty and cumbersome items like transmissions.
ALJ William Rudloff was first assigned to the case. In an interlocutory order on July 28, 2014, he found that Bryant had suffered significant trauma to his back as a result of the work-related accident on June 13, 2013. From the testimony presented, he also determined that Bryant gave due and timely notice of the injury. He ordered TTD payments retroactive to September 26, 2013. ALJ John Coleman later took over Bryant's case and issued a Final Order on May 11, 2016. ALJ Coleman adopted ALJ Rudloff's factual findings and further determined, noting Dr. Lockstadt's testimony, that Bryant had established his burden of proof as to causation, work relatedness, and injury. He also determined, as ALJ Rudloff had, that Bryant's testimony as to his notification of Mike regarding the incident was satisfactory and credible. ALJ Coleman found that Bryant had a 12% impairment rating under the AMA Guides, resulting in a 12% permanent partial disability (PPD) rating. He found the application of the 3 multiplier in KRS 342.730(1)(c)(1) did not apply based on Bryant's age, certifications, supervisory ability, and Bryant's testimony as tocontemplation of returning to work. However, he did determine the 2 multiplier applied under KRS 342.730(1)(c)(2). The ALJ ordered PPD benefits accordingly.
Noting Jessamine Car Care's evidence of Bryant at Crowe's Master Tech from August 26, 2014 to August 29, 2014, the ALJ determined that, at that time, Bryant was able to return to employment. He ordered that the TTD payments should be paid from October 1, 2013 through August 24, 2014 and from August 12, 2015 (the date of Bryant's surgery) through February 23, 2016, the date at which Dr. Lockstadt determined Bryant had reached MMI. The ALJ also ordered payment of medical expenses related to the cure and relief of Bryant's ligamentous strain and sacroiliac joint injury. Interest of 12% per annum was ordered on all due and unpaid installments. Both the Board and the Court of Appeals affirmed the orders of the ALJs.
The issues on appeal before this Court primarily address the sufficiency and interpretation of the evidence leading to the ALJ's findings, rather than presenting issues of law or statutory interpretation. The ALJ has the sole discretion to determine the quality, character, and substance of the evidence and may reject any testimony and believe or disbelieve various parts of the evidence regardless of whether it comes from the same witness or the same party's total proof. Paramount Foods, Inc. v. Burkhardt, 695 S.W.2d 418, 419 (Ky. 1985). Bryant, as the claimant, bore the burden of proving the elements of his claim. See Gibbs v. Premier Scale Co./Indiana Scale Co., 50 S.W.3d 754,763 (Ky. 2001). On the allegations of error in which Bryant failed to convince the ALJ, Bryant must establish on appeal that the evidence was so overwhelming as to compel a favorable finding. Special Fund v. Francis, 708 S.W.2d 641, 643 (Ky. 1986). On those issues, Bryant must show that the ALJ's findings were clearly erroneous and unreasonable. Id. In contrast, on Jessamine Car Care's allegations of error, on which Bryant prevailed before the ALJ, the question on appeal is whether...
To continue reading
Request your trial