THOMAS v. UNITED PARCEL SERVICE

No. 2000-SC-1038-WC.

58 S.W.3d 455 (2001)

Willie THOMAS, Appellant, v. UNITED PARCEL SERVICE; Donna H. Terry, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

October 25, 2001.


Attorney(s) appearing for the Case

Tamara Todd Cotton, Hardy, Logan, Priddy & Cotton, Louisville, Counsel for Appellant.

Thomas L. Ferreri, Ferreri & Fogle, Louisville, Counsel for Appellee United Parcel Service.


OPINION OF THE COURT

On May 14, 1997, the claimant sustained a crush injury that resulted in right transverse process fractures at L1-4. The diagnosis related estimate (DRE) model for assessing permanent impairment from the applicable edition of the AMA Guides assigned a 5% impairment to a single transverse process fracture, but the university evaluator was of the opinion that the claimant's actual impairment from four such fractures would be much greater...

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