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Concrete Materials v. Cole3/7/2003
AFFIRMING
Concrete Materials appeals from a Workers' Compensation Board opinion affirming a decision and order on petition for reconsideration of an administrative law judge awarding Hubert Cole total permanent disability benefits for a work-related cervical injury and closed head injury with psychiatric sequela.
Cole is currently sixty-one years of age and is a high school graduate with vocational training as a pipefitter. He has an extensive work history including factory employment, farming and working as a pipefitter for the Blue Grass Army Depot for many years. Upon retiring from the latter position in 1994, Cole began working for Concrete Materials as a concrete truck driver.
On November 8, 2000, Cole was injured when he slipped from the platform on the back of his truck and fell head first approximately twenty feet, landing on concrete. Cole sustained a significant laceration as well as a fracture at the base of his skull and a fracture of the left frontal lobe with an epidural hematoma. He was treated at a hospital emergency room in Irvine, Kentucky, and then transported by helicopter to the University of Kentucky Medical Center where he spent two days in the critical care unit before being released. After developing an infection at the wound site, Cole had to be hospitalized at St. Joseph's Hospital. He has not returned to any type of employment since the injury , and is presently receiving Social Security disability benefits.
On July 3, 2001, Cole filed an application for resolution of injury claim, alleging a head, neck and back injury as a result of the accident. At the hearing on this claim, the only contested issues were the extent and duration of any permanent disability and whether there was objective evidence of the head injury. According to Cole's testimony, he experienced pain in his neck, lower back and left shoulder at the time of the accident and still suffers from severe head and neck pain. He further complained of difficulty in turning his head which interferes with his ability to drive. Cole also continues to experience dizziness, forgetfulness, impaired concentration and nervousness. Due to these difficulties, Cole does not believe that he is capable of returning to work.
Although Cole is still able to work around his house doing chores such as mowing and gardening, he is easily fatigued by these activities. Cole's wife confirmed that he was very active prior to the injury and regularly worked overtime. In contrast, she characterized her husband as limited in his ability to assist on their small farm since the injury and also explained that he is noticeably forgetful and more fearful with respect to hobbies such as horseback riding. As summarized by the Board, the medical evidence in this case consists of the following:
The medical evidence in this claim comes by way of the medical records of the University of Kentucky Hospital and the reports and/or depositions of Dr. James R. Bean, Dr. Arnold M. Ludwig, Dr. David Shraberg, Dr. Joseph Zerga, and Allie Hendricks, a certified psychologist. The University of Kentucky Hospital records established that Cole was surgically treated for a large scalp laceration, which was closed without difficulty by the plastic surgery service. The final diagnosis was left epidural hematoma with skull fracture and scalp laceration. Cole was discharged on November 10, 2000, in good condition and with instructions to return for follow-up to evaluate the hematoma.
Dr. Bean examined Cole on May 1, 2001 and received an appropriate history of the injury. Dr. Bean diagnosed residual mild encephalopathic head trauma and ordered a CT Scan and x-ray of the cervical spine to
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