High court upholds comp award for back injury, psych condition

Weighing conflicting medical testimony from at least four doctors, the Kentucky Supreme Court on Thursday upheld an award of benefits for a worker for a back injury with a psychological condition.

A phlebotomist with Laboratory Corporation of America suffered injuries at work in January 2021 when a shelving unit fell on him. His injury required back surgery that was not successful, as he continued to feel burning pains in his legs exacerbated by standing and walking, mechanical back pain, urinary urgency, urinary leakage, back stiffness and inability to sleep, according to 2023-SC-0479-WC.

Several doctors disagreed on the man’s physical impairment rating, with some attributing his issues in part to preexisting conditions. One doctor evaluated the worker’s psychological complaints and diagnosed him with adjustment disorder, mixed anxiety and depressed mood, assigning an impairment rating for a psychological condition upon concluding that he had reached maximum medical improvement.

Doctor hired by Labcorp disagreed, with one assigning a 0% impairment rating, finding that the man did not demonstrate significant psychiatric impairment resulting from the work injury, nor did he suffer a mental disorder that would prevent the performance of his work duties.

An administrative law judge later concluded that the man suffered work-related physical and psychological impairments. The Workers’ Compensation Board affirmed, as did the Court of Appeals.

The Kentucky Supreme Court affirmed, writing that both parties “set forth their views of the evidence as supportive of their respective positions” but that the worker’s chosen doctors “issued reports grounded in and conforming to the guides in reaching their conclusions.”

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