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Spade Corp. v. Deleon10/21/2005
AFFIRMING
BEFORE: GUIDUGLI AND HENRY, JUDGES; POTTER, SENIOR JUDGE.
Spade Corporation appeals from an opinion of the Workers' Compensation Board affirming a decision of the Administrative Law Judge awarding Secundino DeLeon permanent, partial occupational disability benefits for a work-related back injury. Spade argues that the Board incorrectly concluded that the ALJ's decision on the issues of notice and causation is supported by substantial evidence. For the reasons stated below, we affirm the Board's opinion.
Having closely examined the record, the written arguments and the law, it is apparent that we cannot improve upon the Board's well-written opinion. In the interests of judicial economy, and so as not to merely re-state the Board's reasoning, we adopt the Board's opinion as that of this Court.
The Board stated, in relevant part, as follows:
DeLeon, born July 1, 1962, has a second grade education in Mexico and no specialized or vocational training. His past work history consists of employment as a laborer. He began working for Spade in June 2000 as a laborer. His job duties included working with tanks and pipes.
DeLeon testified he sustained a work injury on Friday, May 2, 2003, at a gas station work site in Louisville, Kentucky. He was in the process of picking up left over pipes of various sizes. While picking up an especially large pipe to place a strap around it, he experienced pain in his low back. DeLeon explained no supervisors were present because they were attending a meeting off-site. He was working with the crane operator, Dan Jefferson ("Jefferson"), and informed Jefferson of his back pain at the end of the day.
DeLeon explained that his English is not very good and at times he is misunderstood. He has trouble reading and writing English. DeLeon testified that through the weekend his pain continued to worsen and he sought treatment at Georgetown Hospital. DeLeon was questioned concerning the history of his problem given at the hospital. He testified that he was questioned as to what he was doing when he experienced the episode of pain. He responded "Nothing, I have a little bicycle wheel in my hands." DeLeon explained that a friend had taken the bicycle wheel off a child's bike and DeLeon picked it up because he could use it for his daughter's bike. The episode of increased back pain occurred while he was holding this bicycle wheel. He testified he told the doctor at the hospital that the onset of back pain occurred at work while lifting pipes. He did not know that the doctor wrote down on the report. In any event, DeLeon was x-rayed, given pain medication and referred to his family physician, Dr. Cedric Craig.
DeLeon sought treatment from Dr. Craig the following Monday. Dr. Craig gave DeLeon a work excuse, which he took to Ken Sturgill ("Sturgill"), his supervisor at Spade, the same day and informed Sturgill of the injury. DeLeon testified that after two or three weeks, the doctor gave him a return to light duty work. He then returned to work at Spade and Sturgill told DeLeon there was no light duty work available.
Following his treatment with Dr. Craig, DeLeon was referred to Dr. Chris Stephens and then to Dr. Harry Lockstadt. DeLeon testified he gave each of these doctors a history of back injury while lifting pipes at work.
DeLeon was questioned concerning whether he had previous back problems. When deposed, DeLeon initially denied previous back problems. At his hearing, he admitted a previous back condition but denied any problems like his current condition. He described his previous back problem as the type one gets when sleeping wrong. DeLeon adm
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