Stephanie D. Ross

Claimant was a groundskeeper at the university who had uncontrolled diabetes. He developed a diabetic foot ulcer that became septic, resulting in a below-the-knee amputation.  He alleged the ulcer was due to a work incident in which he stepped wrong off a curb while weed-eating, causing a contusion that led to a blister. Defense counsel introduced testimony from co-workers implicating an incident at home when he was using a shovel as the cause of the blister rupturing, close in time to his hospitalization for sepsis. Defense expert medical testimony indicated there was no reason to believe the ulcer was caused by any specific traumatic incident, as it had the appearance of a classic, non-traumatic diabetic foot ulcer. Claimant was seeking permanent total disability ($431,646.71) plus medical benefits related to his amputation and prosthesis. The claim was dismissed in its entirety based on the threshold causation issue.

Claimant was seeking permanent total disability benefits as a result of a knee injury resulting in a total knee replacement. She alleged her knee condition developed as a result of cumulative trauma from standing on a factory floor, depressing a machine pedal, and pivoting as she moved parts on and off her machine. Counsel presented testimony from a co-worker that the claimant described an acute injury to her knee occurring at home over the weekend prior to her presentation at work with a noticeable limp, and cross-examined the claimant’s treating physician, who retreated from his causation opinion in light of the testimony from the co-worker and other relevant facts not previously presented to him by the claimant. The matter was submitted for determination and the judge dismissed the claim in its entirety, finding no work-related injury occurred.

Claimant was a 64-year-old high wage-earner and long-term employee seeking permanent total disability award following shoulder surgery that precluded him from returning to work as a professional truck driver.  A PTD award had a value over $300,000.  At the close of mediation, the claimant’s final demand was $184,000 and the employer drew the line at $150,000.  The claim was submitted for determination and the administrative law judge agreed the claimant was only partially disabled, resulting in an award worth $130,000.

Claimant was seeking permanent income and medical benefits as a result of a low back, hip and leg injury.  He was specifically seeking coverage for lumbar surgery.  Counsel was able to utilize surveillance and medical records documenting prior lumbar radiculopathy effectively to undermine the claimant’s credibility and secure an opinion dismissing the low back claim and limiting liability to an award for 2% impairment and future medical treatment of the leg alone.  The decision allowed for a post-award settlement on a full and final basis on favorable terms.

Claimant was seeking permanent income and medical benefits as a result of lumbar radiculopathy.  Through diligent investigation into her prior medical history and post-injury employment with another employer, which the claimant failed to disclose to the carrier, counsel secured an award of temporary benefits, which were offset entirely by the combination of temporary total disability benefits already paid and the claimant’s post-injury wages from other employment, resulting in no additional liability for the employer.

Claimant was seeking permanent income and medical benefits following a work-related lumbar strain and eventual lumbar fusion.  Through diligent investigation into the claimant’s intervening activities, including a subsequent lumbar injury with another employer, defense counsel limited the award to temporary income and medical benefits already paid, avoiding liability for the fusion surgery and related impairment.

Claimant alleged both acute injury and cumulative trauma injury to knee. Defense counsel presented testimony from the claims adjuster refuting the claimant’s account and testimony from the treating physician rebutting cumulative trauma claim, resulting in complete dismissal.

Claimant was a 72-year-old woman who had worked as a machine operator for the defendant for 33 years prior to sustaining a work-related hip fracture, requiring surgery and resulting in a claim for PTD benefits. Through effective cross-examination concerning the basis for claimant’s failure to return to work post-surgery, defense counsel limited claim to an award of PPD benefits based on a 2% impairment rating.

In this post-award Medical Fee Dispute, the claimant underwent an extended hospital stay as a result of an ulcer allegedly related to an infection of hardware implanted after a work-related ankle injury. Defense counsel presented expert medical proof that the ulcer was a result of the claimant’s diabetes and not a hardware infection, resulting in a savings of more than $284,500 in disputed medical bills.

Claimant sought TTD and permanent income and medical benefits as a result of an alleged thoracic injury from lifting at work. Defense counsel presented testimony from the employer and multiple other lay witnesses regarding claimant’s activities following the incident, resulting in a finding of a temporary strain with no award of additional benefits.

Claimant sought permanent income and medical benefits as a result of a low back injury. Working closely with the employer, defense counsel introduced testimony refuting the claimant’s account, resulting in a finding of a temporary strain with no additional benefits awarded.

Claimant sought TTD, PTD and medical benefits as a result of an alleged shoulder injury and total shoulder replacement. Defense counsel introduced medical evidence of a pre-existing condition and testimony from the employer undermining the claimant’s account, resulting in a complete dismissal.

Claimant sought TTD, PTD and medical benefits as a result of a complicated infection allegedly arising out of a work-related fall and scratch. Defense counsel introduced medical records and testimony from multiple lay witnesses refuting the claimant’s counsel, resulting in a complete dismissal.

Claimant sought TTD, PPD and medical benefits as a result of an alleged work-related shoulder injury. Defense counsel presented evidence undermining the claimant’s credibility, resulting in a complete dismissal of her claim.

Claimant sought permanent income and medical benefits, including coverage of surgery, for an alleged work-related knee injury. Working closely with employer, defense counsel presented testimony undermining claimant’s account, resulting in a complete dismissal of her claim.

Claimant was seeking income and medical benefits, including chiropractic treatment, as a result of back pain following an incident. Defense was able to secure complete dismissal with favorable causation opinion from treating physician, avoiding expense of an IME.

Claimant sought additional income and medical benefits as a result of a work-related lumbar injury. Defense counsel presented medical proof that her injury was only temporary, resulting in a dismissal of the claim.

Medical fee dispute resolved in favor of the carrier.

Claimant was seeking income and medical benefits for aggravation of a low back condition that resulted in a two-level lumbar fusion. Claim dismissed on the basis of defense evidence that contradicted Claimant’s testimony concerning a work-related injury and indicated Claimant had injured himself working on a project at home. 

Claimant was seeking income and medical benefits for conditions in her neck, shoulders and low back that resulted in bilateral shoulder surgeries. Claim dismissed on the basis of medical evidence presented by defense indicating Claimant’s condition was not work-related.

Claimant was seeking permanent income and medical benefits for an alleged cervical spine and upper extremity injury. Claim for permanency was dismissed, with claimant awarded only temporary total disability and medical benefits as previously voluntarily paid.

Claimant was seeking permanent total disability benefits as a result of alleged low back injury. Claim dismissed on the basis of lay and medical evidence presented by defense indicating Claimant’s condition was not work-related.

US Bank Home Mortg. v. Schrecker

Following oral argument by counsel, Kentucky Supreme Court reversed judge’s opinion awarding workers’ compensation benefits to claimant who was injured when a vehicle struck her while crossing a roadway during a work break. Defense successfully argued that even if the personal comfort doctrine would otherwise apply, the claimant’s impliedly prohibited route of travel took her outside normal coming and going activity.

Hunt v. Mubea, Inc., 2012 

Claim for occupational hearing loss dismissed after defense successfully challenged opinion of university evaluator that claimant had 17% permanent impairment due to occupational hearing loss.

Bailey v. Northpoint Senior Services, 2011 Ky.Unpub. LEXIS 55 

Supreme Court affirmed dismissal of workers’ compensation claim based on substantial evidence of prior active condition presented by defense counsel through expert medical opinion.