SHARON SUMPTER v. APPALACHIAN REGIONAL HOSPITAL, INC. D/B/A WHITESBURG ARH HOME HEALTH; HONORABLE IRENE STEEN, ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD
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RENDERED:
December 13, 2002; 2:00 p.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
2002-CA-000813-WC
SHARON SUMPTER
APPELLANT
PETITION FOR REVIEW OF A DECISION
OF THE WORKERS' COMPENSATION BOARD
ACTION NO. WC-99-60142
v.
APPALACHIAN REGIONAL HOSPITAL, INC.
D/B/A WHITESBURG ARH HOME HEALTH;
HONORABLE IRENE STEEN, ADMINISTRATIVE
LAW JUDGE; AND WORKERS’ COMPENSATION
BOARD
APPELLEES
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
COMBS AND DYCHE, JUDGES; POTTER, SPECIAL JUDGE.1
DYCHE, JUDGE:
Sharon Sumpter brings this appeal from an opinion
of the Workers’ Compensation Board (“Board”) which affirmed an
opinion and award of the Administrative Law Judge (“ALJ”) finding
her to have an occupational disability from an injury to her
neck, but denying her claim for total disability due to a back
1
Senior Status Judge John Woods Potter sitting as Special
Judge by assignment of the Chief Justice pursuant to Section
110(5)(b) of the Kentucky Constitution.
injury and “psychological overlay” from the two traumatic
injuries.
We affirm.
Sumpter sustained her injury while adjusting the
position of a bedridden patient on October 14, 1999.
The alleged
back injury did not arise until some time later, and there was
gradual onset of the alleged psychological injury (depression
from being unable to work or carry on with her normal life
activities).
There was extensive medical testimony in this case,
and, after thoroughly sifting through the testimony, the ALJ
accepted the KRS 342.315 university evaluator’s determination
that Sumpter suffered from a 12% functional impairment to her
body due to the injury to her neck and shoulder.
Sumpter’s claim
for further disability as a result of a back injury was denied.
There was also a KRS 342.315 university evaluation
performed concerning her psychological claim, but the ALJ refused
to give that evaluation presumptive weight.
The ALJ thought that
another psychological examination, performed at the request of
the employer, was more persuasive, in that Sumpter was prone to
symptom magnification and exaggeration of the existence or
severity of any psychological problems, and the university
evaluation made no mention of such factors.
The ALJ made an
observation from Sumpter’s demeanor that she was perhaps jealous
or resentful of the fact that she had to work to help support the
family, while her husband was allowed to lounge around the house,
due to his disability.
On appeal, Sumpter makes no serious argument that the
evidence compels a finding of a work-related back injury and
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concomitant total disability, and we therefore affirm the Board
and ALJ on that issue.
Paramount Foods , Inc. v. Burkhardt, Ky.,
695 S.W.2d 418 (1985).
She does complain that the ALJ was in error in failing
to give the university evaluation presumptive weight concerning
the psychological condition.
She argues that the ALJ’s rationale
for making this choice was insufficient under Magic Coal Company
v. Fox, Ky., 19 S.W.3d 88 (2000), and Thomas v. United Parcel
Service, Ky., 58 S.W.3d 455 (2001).
We find that there was
sufficient testimony to rebut the report of the university
evaluator, and that the ALJ properly and sufficiently stated her
reasons for making the decision she did.
The opinion of the Workers’ Compensation Board is
affirmed.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE APPALACHIAN
REGIONAL HOSPITAL, INC.:
Susan Turner Landis
Johnnie L. Turner, P.S.C.
Harlan, Kentucky
Sherri P. Brown
Ferreri & Fogle
Lexington, Kentucky
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