Kentucky High Court Construes Mental Injury Statute and Affirms Award
Acknowledging that pursuant to KRS 342.0011(1), Kentucky does not allow recovery for work-related psychological injuries unless they are the “direct result” of a physical injury [emphasis added], the Supreme Court of Kentucky affirmed an award of permanent total disability benefits to an injured worker where the ALJ had earlier determined that the claimant’s “current emotional state prevents him, by itself, from returning to any type of employment” [Time Warner Cable, Inc. v. Smith, 2021 Ky. LEXIS 377 (Oct. 28, 2021), emphasis added]. The Court indicated the ALJ had appropriately considered the claimant’s testimony and multiple medical reports, all of which combined to constitute substantial evidence to support the PTD award.
Background
On the date of injury, August 24, 2015, Smith had worked for Time Warner since 1989. At the time of his injury, he was a Maintenance Tech II, which required that he fix outages, often by climbing utility poles carrying 40-60 pounds of tools and equipment. His job required climbing, lifting, pulling, pushing, stretching, crawling, carrying and bending. On the DOI, while carrying a heavy ladder, he felt a pop in his back and collapsed to the ground. He was taken to a hospital via ambulance and released later the same day. Since then he has had issues of limited movement and pain with his neck, right shoulder, and lower back.
Smith was examined by seven separate physicians, several of whom performed either independent medical evaluations or independent psychological evaluations.
The ALJ did believe, however, Smith’s “current emotional state prevents him, by itself, from returning to any type of employment.” Time Warner has fixed upon this quote as well as her finding that Smith’s physical injuries alone did not merit an award of total disability, to support its argument. Virtually all agreed that Smith could not return to his usual work. Virtually all assigned some degree of whole body impairment as well.
Smith produced a report stating that he was unable to perform the full range of sedentary work as defined by the United States Department of Labor. A summary of Smith’s own testimony was that he could not sit for extended periods and had to alternate between sitting and standing every hour. He found his inability to return to his job hard to bear; the use of a medically prescribed cane shameful; and generally struggled to cope with the new circumstances of his life.
ALJ & Board’s Findings
The ALJ determined that Smith was permanently, totally disabled. The Kentucky Workers’ CompensationBoard affirmed. Before the Board, Time Warner argued that the conclusion of the ALJ was erroneous because she relied exclusively upon the psychological condition to find permanent, total disability. The Board agreed that the ALJ had indicated that Smith’s physical injuries alone would not produce a permanent total disability, but found that the ALJ had not concluded the physical condition had no impact on Smith’s ability to perform work. The Board found the ALJ properly considered both psychological and physical conditions. The state’s Court of Appeals affirmed.
Supreme Court Affirms
The high court noted that in Kentucky, in order for a psychological injury to be compensable, it must be “the direct result of a physical injury” [KRS 342.0011(1)]. That is to say the statutory definition of injury excludes psychological or psychiatric conditions unless the condition-precedent of a physical injury resulting in the psychological/psychiatric condition is present. Time Warner argued that the ALJ relied exclusively upon the evidence of Smith’s psychological condition in making her determination of permanent, total disability.
Indeed, noted the Court, the ALJ had indicated that Smith’s “current emotional state prevents him, by itself, from returning to any type of employment.” But the Court stressed that Time Warner had fixed upon this quote as well as the ALJ’s finding that Smith’s physical injuries alone did not merit an award of total disability, to support its argument.
The Court continued by indicating Time Warner’s argument, however, took those quotations out-of-context and magnified their interpretation beyond what they can naturally bear. The Court read the Opinion, Award and Order in its totality, and stressed that the ALJ did include a consideration of the physical condition of Smith in making her award. Although she stated such condition did not merit an award of total disability on its own, she then proceeded to discuss Smith’s psychological conditions as well as his age, education and experience. Only then did she conclude an award of permanent, total disability was merited.
The Court said it was satisfied the ALJ properly relied upon both physical and psychological medical conditions to conclude Smith was permanently, totally disabled. Furthermore, the ALJ’s consideration of the psychological evidence was itself proper as at least one physician had found a “clear connection” between the psychological conditions and Smith’s work-related physical injury.