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Bowling v. Leslie County Board of Education4/22/2005
AFFIRMING
Ellis Bowling petitions for a review of a decision of the Workers' Compensation Board which affirmed a decision of the Administrative Law Judge which denied benefits for an alleged work injury to appellant's back. The question came down to an issue of fact as to whether the disability was due to a work-related injury or a subsequent non-work-related injury. A review of the conflicting evidence reveals no flagrant errors in assessing the evidence, therefore we affirm.
The facts of the case, as stated by the Board are that:
Bowling testified he suffered a work-related accident on August 3, 2001. On that occasion, he was lifting a box of paper which was "stuck to the floor" when he experienced low back pain. Bowling described his pain on that date as being slightly above his belt line on the right. He left work early and sought medical treatment the following day at the Mary Breckinridge Hospital emergency room. At the emergency room, he was given an injection of Demerol. A First Report of Injury regarding the incident was prepared by Leslie County on August 6, 2001.
The emergency room record from Mary Breckinridge Hospital, dated August 4, 2001, logged that Bowling reported his injury occurred at home, rather than at work, and that he had experienced a prior back injury and prior back pain. Bowling denied the accuracy of that record. X-rays of Bowling's lumbosacral spine made August 6, 2001, revealed slight narrowing of the disc space at L5-S1. Bowling admitted that when he was 19 years old, he had been diagnosed with arthritis in his back. Following the accident, Bowling was off work for approximately three weeks. Thereafter, he was released without restrictions on August 22, 2001, at which time he went to work for Begley.
Bowling worked at Begley for five weeks pulling and stacking lumber. Bowling testified that on August 31, 2001, during his employment at Begley, he struck his head on an I-beam and sought medical treatment at Mary Breckinridge Hospital where his head and neck were x-rayed. Apparently, this accident resulted in no permanent injury .
In October 2001, Bowling was offered another bus route by Leslie County. As a result, he re-entered Leslie County's employ where he continued to work until July 20, 2002. Bowling testified he quit work at that time because of ongoing problems with his low back.
In August 2002, Bowling again sought medical treatment for his low back. Prior to that time he had not seen a physician as a result of his alleged accident at Leslie County since August 22, 2001. After resuming treatment the following year at Beechfork Clinic, Bowling was referred to Dr. Joseph Williams. On September 18, 2002, Bowling underwent an MRI at the After Hours Clinic in Hazard, Kentucky, which revealed an L5/S1 disc herniation on the left. Bowling testified that based upon that MRI, Dr. Williams recommended surgery. On November 21, 2002, Dr. Williams performed a left unilateral L5/S1 laminectomy with discectomy and foraminotomy. Subsequent to surgery, Dr. Williams treated Bowling in follow-up through May 2, 2003. Bowling has since come under the care of Dr. John Gilbert, Dr. Williams' partner.
Bowling testified he has not returned to work since July 2002 because he has not yet been released by his treating physicians. At present, he continues to experience pain in his low back and right leg, which is aggravated by prolonged sitting, prolonged standing and general physical activity. His low back pain also interferes with his ability to sleep.
Bowling filed an Application for Resolution of Injury Claim with the Department of Workers' Claims on June 27, 2003. Thereafte
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