Adient Us,llc v. Billy Gibson
CourtCourt of Appeals of Kentucky
Date FiledNovember 13, 2026
Docket2026-CA-0557
JudgeKarem
StatusUnpublished
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Full Opinion
RENDERED: NOVEMBER 13, 2026; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2026-CA-0557-WC
ADIENT US, LLC APPELLANT
PETITION FOR REVIEW OF A DECISION
v. OF THE WORKERS’ COMPENSATION BOARD
ACTION NO. WC-24-01229
BILLY GIBSON; HONORABLE
STEPHANIE LETITIA KINNEY,
ADMINISTRATIVE LAW JUDGE;
AND WORKERS’ COMPENSATION
BOARD OF KENTUCKY APPELLEES
OPINION AFFIRMING IN PART,
REVERSING IN PART, AND REMANDING
** ** ** ** **
BEFORE: ECKERLE, L. JONES, AND KAREM, JUDGES.
KAREM, JUDGE: Adient US, LLC, petitions for review of an opinion of the
Workers’ Compensation Board. The Administrative Law Judge (“ALJ”) dismissed
Billy Gibson’s claim that he suffered a cumulative injury while employed by
Adient. The Board vacated, holding that the medical evidence compelled a finding
that Gibson suffered a work-related injury. The Board remanded the case for the
ALJ to make additional findings to determine the nature and extent of the injury.
Upon careful review, we affirm in part, reverse in part, and remand.
FACTUAL AND PROCEDURAL BACKGROUND
Gibson was born in 1970. He obtained a high school diploma. He
began working for Adient (formerly Johnson Controls), an automotive seating
company, in 1996. For approximately the first fifteen years of his employment, he
worked on the assembly line, using his arms overhead and later at waist level. He
then became a forklift driver and material handler. In this job, he spent about 80
percent of his time operating the forklift, unloading and moving boxes containing
parts. Because the boxes were stacked high on the forklift and obstructed the view
ahead, Gibson often had to drive in reverse, with his head twisted around to see
over his shoulder. He also had to look upwards for long periods of time because
the boxes were stored on racks fifteen to twenty feet high. The forklifts did not
have suspension seats and the ride over the bumpy concrete floors was very rough.
Gibson spent the other 20 percent of his time manually retrieving and moving the
boxes. He described them as awkward to handle, about six feet long, 2 ½ feet
wide, and weighing 20 to 30 pounds.
In June 2022, Gibson reported a work injury after he strained his neck
while handling some boxes. He felt pain extending from his neck to his left arm
and he developed a pull in his neck that steadily increased. He consulted Dr.
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Steven Kiefer, of Baptist Health Medical Group Neurosurgery, on September 21,
2022. Dr. Kiefer reviewed Gibson’s MRI and diagnosed slowly improving
cervical spondylosis with radiculopathy and cervical degenerative disc disease. He
ordered physical therapy and work restrictions. Gibson returned to Dr. Kiefer on
November 2, 2022, reporting that his symptoms had improved. Dr. Kiefer cleared
Gibson to return to regular work.
The incident which is the subject of this appeal occurred about one
year later, on November 8, 2023. Gibson was operating the forklift, looking
upwards as he moved boxes on the racks, when he felt severe pain in his neck,
radiating into his left arm, hand, and fingers. It was the same pain pattern he had
experienced before. He was referred to Bluegrass Orthopaedics and Dr. Travis
Hunt. An MRI was performed and showed multilevel spondylosis. Dr. Hunt noted
that a possible surgical decompression might be required.
In March 2024, Gibson returned to Dr. Kiefer, complaining of neck
and left upper extremity pain. He described looking up as he operated the forklift
and experiencing severe neck pain extending into his left hand and fingers. Dr.
Kiefer noted that Gibson had already completed several weeks of physical therapy
at Bluegrass Orthopaedics and had received an epidural injection that alleviated the
pain for about 2.5 weeks. He also noted that the orthopedic surgeon there
recommended cervical surgery. Dr. Kiefer diagnosed left upper extremity
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radiculopathy, described the symptoms as severe and limiting, and also
recommended surgery, specifically, keyhole foraminotomies.
Immediately following the November 8, 2023, incident, Gibson
notified his supervisor and was transferred to light duty. He later returned to
driving a forklift but was ultimately transferred to kitting, which involves putting
items on carts to go to the production line for seat assembly. Kitting did not
involve any heavy lifting nor was Gibson required to look upwards. Gibson did
not miss any work or lose any income due to the November 8, 2023, incident.
Gibson filed a claim for workers’ compensation benefits on December
16, 2024. On his Form 101 Application for Resolution of a Claim, he alleged that
he was injured on November 8, 2023, due to “repetitive work activities involving
operating forklift.” He listed as the cause of injury “Cumulative NOC” and the
body part injured as “Vertebrae-Neck.”
In addition to the medical records of Dr. Kiefer and Dr. Hunt, Gibson
submitted an evaluation performed at his counsel’s request by Dr. Frank Burke, an
orthopedic surgeon. Dr. Burke opined that Gibson sustained an acute cervical
injury with an aggravation of a pre-existing dormant spondylosis of the cervical
spine that was aroused into disabling reality with a left radiculopathy (pinched
nerve) in the C7 distribution, as a result of the November 8, 2023, work injury.
Without further intervention, Dr. Burke diagnosed Gibson at maximum medical
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improvement with a 16 percent cervical impairment. He agreed with Dr. Kiefer
that Gibson was a candidate for surgery.
Dr. Jerry Magone, an orthopedic surgeon, conducted a medical
evaluation at the request of Adient. When Dr. Magone was asked whether the
alleged work injury was the cause or contributing cause of the current diagnosis, he
replied that the work incident was “a temporary exacerbation of an ongoing
chronic condition,” cervical spinal stenosis, and that the medical records show
Gibson had symptoms of this condition prior to November 8, 2023. When Dr.
Magone was asked whether the work exposure or incident aggravated a pre-
existing condition, he replied that “the work incident was responsible for a
temporary, not permanent, aggravation. We know this is temporary because by
him switching job responsibilities[,] not needing to look up[,] the symptoms have
mitigated.” Dr. Magone opined that “the symptoms he experiences are temporary,
and therefore a permanent partial impairment relative to the alleged work injury
would not be supported.”
According to the brief Gibson submitted to the ALJ, Adient’s
workers’ compensation insurance carrier paid his medical expenses following the
November 8, 2023, incident, but refused further coverage when Dr. Kiefer
recommended cervical surgery. Gibson requested coverage of his medical
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benefits, including the cervical surgery, and TTD (temporary total disability)
benefits for any period he was unable to work due to the surgery.
The ALJ found that Dr. Burke’s opinion – that Gibson sustained an
acute injury to his neck – did not correspond with the injury theory pled on the
Form 101. The ALJ concluded that the claim for a cumulative trauma injury to the
neck was not supported by substantial medical evidence and dismissed Gibson’s
claim.
Gibson filed a petition for reconsideration. The ALJ reviewed the
medical evidence for proof of either cumulative trauma, as alleged in Gibson’s
Form 101, or an acute injury, as diagnosed by Dr. Burke. The ALJ reaffirmed her
opinion that Gibson had not sustained a work-related injury under either theory,
explaining in pertinent part as follows:
[W]hile the Plaintiff’s expert, Dr. Frank Burke, described
an acute cervical injury on November 8, 2023, that
opinion does not establish the existence of a cumulative
or gradual injury as alleged in the Form 101. Plaintiff
therefore failed to offer medical evidence causally
relating his cervical condition to repetitive work activities
over time.
Kentucky law is clear that a cumulative trauma claim
must be supported by competent medical evidence
identifying a gradual injury process and linking it to the
claimant’s work. See Hill v. Sextet Mining Corp., 65
S.W.3d 503 (Ky. 2001); Haycraft v. Cohart Refractories
Co., 544 S.W.2d 222 (Ky. 1976); and Consol of
Kentucky, Inc. v. Goodgame, 479 S.W.3d 78 (Ky. 2015).
Here, Dr. Burke’s opinion of an acute traumatic event
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does not constitute proof of cumulative trauma within the
meaning of the [Workers’ Compensation] Act or case
law. The employer’s medical expert, Dr. Magone,
opined Plaintiff experienced only a temporary
exacerbation of pre-existing degenerative changes,
further undermining causation. Thus, the ALJ does not
find Dr. Burke’s assessment of an acute injury to be
persuasive in support of a finding of a cumulative trauma
injury as he alleged.
...
The Administrative Law Judge has further considered the
evidence within the context of an acute injury theory,
consistent with Dr. Burke’s opinion. Plaintiff described
operating a forklift and looking upward while stacking
boxes on November 8, 2023, but the evidence shows
those duties were part of his long-standing, routine work
as a material handler rather than a distinct traumatic or
acute occurrence. Medical records from Bluegrass
Orthopaedics and Dr. Kiefer reflect a history of similar
neck and upper extremity complaints dating back to
2022, when Plaintiff was treated for cervical
radiculopathy. Diagnostic imaging from 2023 and 2024
revealed multilevel degenerative disc disease and
spondylosis, findings consistent with a progressive
condition rather than an acute traumatic change. Dr.
Magone credibly explained that the work activities
described could temporarily exacerbate symptoms but
did not cause a new injury, and that Plaintiff’s cervical
spinal stenosis and foraminal narrowing are degenerative
in nature. Accordingly, even if the claim were construed
as one for an acute traumatic injury as described by Dr.
Burke, the Administrative Law Judge is not persuaded
Plaintiff sustained a distinct work-related traumatic event
on November 8, 2023, producing a harmful change to the
human organism as defined by [Kentucky Revised
Statute] KRS 342.0011(1).
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Gibson appealed to the Board, which reviewed the evidence and
vacated the ALJ’s decision, on the grounds that the medical testimony
“unequivocally and unanimously” compelled a finding that Gibson had sustained a
work injury. According to the Board, even the opinion of Dr. Magone, Adient’s
expert, that the November 8, 2023, work incident caused a “temporary
exacerbation of an ongoing chronic condition,” unquestionably supported a finding
of a work injury. The Board remanded the case for the ALJ to enter a finding that
Gibson had sustained a work injury and to determine whether it was a temporary or
a permanent work injury due to an acute work event or cumulative trauma to the
neck.
This petition for judicial review by Adient followed. Further facts
will be set forth below as necessary.
STANDARD OF REVIEW
An injured worker bears the burden of proof and the risk
of nonpersuasion before the fact-finder with regard to
every element of a workers’ compensation claim. . . . As
the finder of fact, the ALJ, and not the reviewing court,
has the authority to determine the quality, character and
substance of the evidence presented.
We will not disturb the ALJ’s findings of fact unless they
are clearly erroneous, but this Court is bound by neither
the ALJ’s decisions on questions of law nor the ALJ’s
interpretation and application of the law to the facts. On
such matters, our review proceeds under the de novo
standard.
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If the ALJ finds against the party who bears the burden of
proof, the claimant must show that the ALJ misapplied
the law or that the evidence in her favor was so
overwhelming that it compelled a favorable finding.
Thompson Catering & Special Events v. Costello, 701 S.W.3d 541, 545–46 (Ky.
2024) (internal quotation marks and citations omitted).
When the Court of Appeals reviews a decision of the Board, “we
reverse only where it has overlooked or misconstrued controlling law or so
flagrantly erred in evaluating the evidence that it has caused gross injustice.” GSI
Commerce v. Thompson, 409 S.W.3d 361, 364 (Ky. App. 2012) (citing Western
Baptist Hosp. v. Kelly, 827 S.W.2d 685, 687-88 (Ky. 1992)).
ANALYSIS
Adient argues that the Board erred in vacating the ALJ’s opinion
because the ALJ was acting well within her discretion as the finder of fact in
rejecting Gibson’s claim that he suffered a cumulative work-related injury. Adient
points out that Gibson’s own expert, Dr. Burke, diagnosed an acute injury, an
opinion the ALJ was also free to reject.
“Injury” is defined for purposes of the Workers’ Compensation Act as
“any work-related traumatic event or series of traumatic events, including
cumulative trauma, arising out of and in the course of employment which is the
proximate cause producing a harmful change in the human organism evidenced by
objective medical findings.” KRS 342.0011(1). Simply put, “a harmful change to
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a worker’s body that is caused by work is an ‘injury’ for the purposes of Chapter
342.” Commonwealth, Transp. Cabinet v. Guffey, 42 S.W.3d 618, 621 (Ky. 2001).
The records of Dr. Hunt and Dr. Kiefer both describe Gibson as
suffering a work injury on November 8, 2023.
Dr. Burke, as previously stated, diagnosed an acute cervical injury,
which he described as an aggravation of a pre-existing dormant spondylosis of the
cervical spine that was aroused into disabling reality with a left radiculopathy
(pinched nerve) in the C7 distribution by the November 8, 2023, injury, resulting
in a 16 percent impairment. Dr. Burke’s diagnosis is in accordance with the type
of injury defined in McNutt Construction/First General Services v. Scott, 40
S.W.3d 854 (Ky. 2001), as follows: “Where work-related trauma causes a dormant
degenerative condition to become disabling and to result in a functional
impairment, the trauma is the proximate cause of the harmful change; hence, the
harmful change comes within the definition of an injury.” McNutt, 40 S.W.3d at
859.
Dr. Magone, by contrast, did not believe Gibson sustained a
permanent work injury, opining instead that the work incident was a “temporary
exacerbation of an ongoing chronic condition.” This diagnosis also falls within the
definition of a work-related injury, under Robertson v. United Parcel Service, 64
S.W.3d 284 (Ky. 2001). In Robertson, a work-related incident caused the claimant
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to suffer temporary symptoms of his nonwork-related spondylolisthesis, and it
required medical treatment. The Court held that those symptoms qualified as an
“injury” for purposes of KRS 342.0011(1). Robertson, 64 S.W.3d at 286.
We agree with the Board that the medical experts, including Dr.
Magone, all opined that Gibson sustained a work injury of some kind, under the
definition found in KRS 342.0011(1), and as construed in our case law. It is well-
established that “an ALJ has sole discretion to decide whom and what to believe,
and may reject any testimony and believe or disbelieve various parts of the
evidence, regardless of whether it comes from the same witness or the same
adversary party’s total proof.” Thompson Catering, 701 S.W.3d at 545–46.
However, “[w]here the question at issue is one which properly falls within the
province of medical experts, the fact-finder may not disregard the uncontradicted
conclusion of a medical expert and reach a different conclusion.” Magic Coal Co.
v. Fox, 19 S.W.3d 88, 96 (Ky. 2000). “[P]arties to a workers’ compensation
dispute are entitled to findings based on a correct understanding of the evidence of
record, and where it is demonstrated the ALJ held an erroneous understanding of
relevant evidence in reaching a decision, courts have authorized remand for further
findings.” Lexington Fayette Urban Cnty. Government v. Gosper, 671 S.W.3d
184, 208 (Ky. 2023) (citing Whitaker v. Peabody Coal Co., 788 S.W.2d 269, 270
(Ky. 1990)).
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Under the authorities set forth above, the ALJ was not free to reject
this undisputed medical evidence. Therefore, the Board did not err in vacating and
remanding for entry of an opinion finding that Gibson sustained a work-related
injury.
As the next step, the Board directed the ALJ to review the evidence
and determine whether Gibson’s work-related injury was acute or the result of
cumulative trauma. But the ALJ already considered both of these theories in her
initial opinion, and on reconsideration.
In her initial opinion and order, the ALJ found that Dr. Burke’s
diagnosis of an acute injury did not correspond to the cumulative injury pled in
Gibson’s Form 101 and dismissed his claim on that basis. On reconsideration,
however, the ALJ did analyze whether Gibson had sustained an acute injury. The
ALJ found that Gibson’s description of his activities on the date of injury,
November 8, 2023, operating the forklift and looking upwards to stack boxes, was
simply part of his routine work, not a distinct traumatic or acute occurrence. The
ALJ also cited records from Bluegrass Orthopaedics and Dr. Kiefer showing that
Gibson had a history of similar neck and upper extremity complaints dating back to
2022, and diagnostic imaging from 2023 and 2024 showing progressive
degenerative disc disease and spondylosis. “If the ALJ finds against the party
having the burden of proof, the appellant must show that the ALJ misapplied the
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law or that the evidence in her favor was so overwhelming that it compelled a
favorable finding.” Estate of Perkins by Perkins v. North American Stainless, 724
S.W.3d 738, 749 (Ky. 2025) (citing KRS 342.285; Special Fund v. Francis, 708
S.W.2d 641, 643 (Ky. 1986)). The ALJ’s conclusion that Gibson did not suffer an
acute injury is supported by substantial evidence and the evidence in favor of an
acute injury is not so overwhelming that it would compel a different finding.
The ALJ also considered whether Gibson suffered a cumulative
injury. Initially, as the Board noted, she rejected this theory solely on the basis of
Dr. Burke’s diagnosis of an acute injury. Upon reconsideration, she elaborated on
her reasoning and explained that she relied on Dr. Magone’s opinion that what
occurred on November 8, 2023, was a temporary exacerbation of a non-work-
related underlying condition. As the finder of fact, the ALJ was entitled to rely on
Dr. Magone’s opinion. “[A]n ALJ has sole discretion to decide whom and what to
believe, and may reject any testimony and believe or disbelieve various parts of the
evidence, regardless of whether it comes from the same witness or the same
adversary party’s total proof.” Thompson Catering, 701 S.W.3d at 545–46. As
explained in Robertson, it is possible for a claimant to suffer a work-related injury
or “temporary flare-up of symptoms” whose effect is transient and results in no
permanent disability or change in the claimant’s pre-existing condition.
Robertson, 64 S.W.3d at 286-87.
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To summarize, the Board correctly held that the ALJ erred in
dismissing Gibson’s claim, because the ALJ disregarded the uncontradicted
medical evidence that he suffered a work-related injury. The ALJ appropriately
considered whether Gibson’s injury was acute or the result of cumulative trauma,
and concluded, in reliance on the opinion of Dr. Magone, that it was a temporary
exacerbation of an underlying, progressive, non-work-related condition. As in
Robertson,
the evidence and the ALJ’s opinion make it clear that the
only harmful change that the claimant experienced as a
result of the work-related incident was a temporary flare-
up of symptoms of the pre-existing, nonwork-related
condition. In other words, the ALJ concluded that the
claimant suffered a work-related injury but that its effect
was only transient.
Robertson, 64 S.W.3d at 286.
Under these circumstances, if the injury “resulted in no permanent
disability or change in the claimant’s pre-existing spondylolisthesis . . . [he] was
not entitled to income benefits for permanent, partial disability or entitled to future
medical expenses, but he was entitled to be compensated for the medical expenses
that were incurred in treating the temporary flare-up of symptoms that resulted
from the incident.” Id.
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CONCLUSION
For the foregoing reasons, the Board’s holding that the ALJ erred as a
matter of law in finding that Gibson did not suffer a work-related injury is
affirmed. The portion of the Board’s order that directed the ALJ to make further
findings regarding whether the injury was acute or cumulative is reversed.
The case is remanded and the ALJ is directed to enter an amended
opinion and award finding that Gibson sustained a work injury, in accordance with
the ALJ’s prior findings based on the opinion of Dr. Magone, and to make an
award of any appropriate medical and income benefits in accordance with that
finding.
ALL CONCUR.
BRIEF FOR APPELLANT: BRIEF FOR APPELLEE BILLY
GIBSON:
Denise M. Davidson
Hazard, Kentucky Charles W. Gorham
Lexington, Kentucky
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