Taylor Stumbo v. City of Ashland
461 S.W.3d 392
| Ky. | 2015Background
- Stumbo, 26, sustained a February 1, 2010 work injury to his left knee and underwent arthroscopic surgery.
- Post-surgery he developed DVT and pulmonary embolism treated successfully.
- He has a pre-existing antiphospholipid syndrome requiring ongoing Coumadin therapy, with related GI issues and nosebleeds.
- Medical evidence shows multiple impairment ratings (ranging from 2% to 13%) and various work restrictions.
- ALJ found permanent total disability based on totality of evidence, but the Board remanded for more factual findings.
- The Board vacated the ALJ’s decision, citing that Kulwicki’s impairment rating was based on the Sixth Edition of the AMA Guides and that the ALJ failed to articulate sufficient, specific findings.
- The Court of Appeals affirmed the Board, and both Ashland and Stumbo appealed to the Supreme Court, which affirmed remand for proper analysis under KRS 342.0011(11).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the impairment rating evidence supports total disability. | Stumbo | Ashland | Remand required; impairment rating based on Sixth Edition cannot be used. |
| Whether the ALJ complied with the five-step analysis for total disability under KRS 342.0011(11). | Stumbo | Ashland | ALJ failed to determine impairment rating, permanent disability rating, and specific causation; remand necessary. |
| Whether the ALJ adequately tied disability to the work injury vs pre-existing conditions. | Stumbo | Ashland | Remand to delineate knee-injury vs antiphospholipid syndrome impact. |
| Whether the ALJ could consider Sixth Edition impairment opinions for non-impairment aspects. | Stumbo | Ashland | On remand, non-impairment opinions may be considered. |
| Whether the Court should affirm partial disability if total disability cannot be proven. | Stumbo | Ashland | Remand to determine permanent partial vs total disability. |
Key Cases Cited
- Magic Coal Co. v. Fox, 19 S.W.3d 88 (Ky. 2000) (ALJ may assess evidence quality and draw inferences.)
- George Humfleet Mobile Homes v. Christman, 125 S.W.3d 288 (Ky. 2004) (Impairment ratings must be based on Fifth Edition.)
- Osborne v. Johnson, 432 S.W.2d 800 (Ky. 1968) (Weighing evidence for partial vs total disability; individualized analysis.)
- Ira A. Watson Dep’t Store v. Hamilton, 34 S.W.3d 48 (Ky. 2000) (Annualized, individualized determination; credibility of pain testimony.)
- Ruby Const. Co. v. Curling, 451 S.W.2d 610 (Ky. 1970) (Claimant’s pain testimony can be credible evidence.)