RENDERED: JUNE 4, 2021; 10:00 A.M.

NOT TO BE PUBLISHED

Commonwealth of Kentucky

Court of Appeals

NO. 2021-CA-0121-WC

FORD MOTOR COMPANY APPELLANT 

v. 

PETITION FOR REVIEW OF A DECISION

OF THE WORKERS’ COMPENSATION BOARD

ACTION NO. WC-2017-01439

VIKKI ALLEN; HONORABLE 

JONATHAN R. WEATHERBY, 

ADMINISTRATIVE LAW JUDGE; 

AND WORKERS’ COMPENSATION 

BOARD 

APPELLEES 

OPINION

AFFIRMING

**   **  **

BEFORE: COMBS, KRAMER, AND K. THOMPSON, JUDGES.

COMBS, JUDGE: This is a Workers’ Compensation case. Appellant, Ford Motor 

Company, contends that the Workers’ Compensation Board exceeded its authority 

in remanding this cumulative trauma claim to the Administrative Law Judge for 

further analysis. Finding no error, we affirm.
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In 2012, Appellee, Vikki Allen (Allen), began working for Ford as an 

assembler. On August 17, 2017, she filed a Form 101, Application for Resolution 

of an injury claim, alleging a March 24, 2017, injury to her right shoulder and neck 

due to repetitive work duties. Allen subsequently amended the claim to include 

her left shoulder. Allen had been treated for a right shoulder problem in 2013. 

According to her deposition testimony, she fully recovered and resumed her full 

job duties on the assembly line without restrictions. 

By Opinion and Order rendered on August 22, 2020,1the 

Administrative Law Judge (ALJ) dismissed Allen’s right shoulder cumulative 

trauma claim in its entirety, reasoning that:

Plaintiff’s right shoulder injury became manifest on 

March 1, 2013, when she presented to OHSIM[2]and was 

diagnosed with a repetitive motion injury to the right 

shoulder.

 Because KRS[3] 342.185(1) acts as a statute of 

repose, a claim for work related right shoulder injury is 

barred if not filed within two years of the date of 

manifestation. The ALJ therefore finds that the Plaintiff’s 

right shoulder claim must be DISMISSED.

 

1 As amended September 10, 2020.

2 Ford Motor Company Occupational Health and Safety Information System.

3 Kentucky Revised Statutes.
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(Emphasis original.) The ALJ did award benefits for the left shoulder, having 

found that Allen “sustained a harmful change to the left shoulder . . . due to 

overcompensation and that the mechanism of injury is cumulative trauma.” The 

left shoulder is not at issue before us.

Allen appealed to the Workers’ Compensation Board (Board). By 

Opinion rendered on December 30, 2020, the Board vacated in part and remanded 

for additional findings and analysis as follows:

The above findings set forth by the ALJ explaining 

his reasoning for determining Allen’s right shoulder 

condition manifested on March 1, 2013 are insufficient. 

Furthermore, the above demonstrates and [sic] improper 

analysis was performed in reaching this determination. 

 The law concerning when a cumulative trauma 

injury manifests is clear. An injury caused by cumulative 

trauma manifests when a worker discovers that a 

physically disabling injury has been sustained [and] 

knows it is caused by work.[] Alcan Foil Products v. 

Huff, [2 S.W.3d 96, 101 (Ky.1999)]. In this claim, it is 

clear that the second part of the above test was never 

conducted to determine when Allen was advised by a 

medical professional that her right shoulder condition 

resulted from cumulative trauma. See also Consol of 

Kentucky v[.] Goodgame, [479 S.W.3d 78 (Ky. 2015)].

In this claim, the record is simply devoid of any 

substantive evidence indicating Allen was aware, after 

having been advised by a physician, that her condition 

was work-related in 2013. On remand, the ALJ must set 

forth adequate evidence in the record indicating Allen 

was advised in 2013, if in fact she was, that she was 

suffering from a cumulative trauma injury to her right 

shoulder. We direct no specific result. 
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 If, on remand, the ALJ determines the right 

shoulder cumulative trauma injury manifested in 2013, it 

is incumbent upon him to determine when the 

impairment rating for the right shoulder arose. Allen 

testified her condition related to the 2013 injury resolved 

and she experienced continuing cumulative trauma from 

2013 until 2017. She testified she was able to perform 

her work activities without symptoms or limitations until 

March 24, 2017. In Special Fund v. Clark, [998 S.W.2d 

487 (Ky. 1999)] the court explained that KRS 342.185 

only operates to prohibit compensation for whatever 

occupational disability is attributable to trauma incurred 

more than two years preceding the filing of the claim. 

That portion of disability, if any, that results from 

additional cumulative trauma within the two years 

leading up to and including the date that a claim is filed, 

and thereafter, may remain compensable. 

Ford appeals, arguing that the Board exceeded its appellate authority 

by “re-reviewing the evidence and drawing contrary conclusions.” We disagree. In 

Consol v. Goodgame, where the ALJ failed to make a factual determination 

regarding when the claimant was advised that he had a work-related condition, our 

Supreme Court held as follows: 

[F]or cumulative trauma injuries, the obligation to 

provide notice arises and the statute of limitations does 

not begin to run until a claimant is advised by a physician 

that he has a work-related condition.

. . . 

. . . KRS 342.185(1) acts as both a statute of limitations 

and a statute of repose. . . . For cumulative trauma 

injuries the running of both periods begins on the date the 

injured employee is advised that he has suffered a workrelated cumulative trauma injury. Therefore, this claim 
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must be remanded to the ALJ so that she can determine 

when [the claimant] was advised that he suffers from a 

work-related cumulative trauma injury. She must then 

determine if [the claimant] filed his claim within two 

years of that date. 

479 S.W.3d at 82, 84. Accordingly, we agree with the Board’s analysis and adopt 

it as if it were our own. 

Affirmed.

ALL CONCUR.

BRIEF FOR APPELLANT:

Joshua W. Davis

Priscilla C. Page

Louisville, Kentucky

BRIEF FOR APPELLEE VIKKI 

ALLEN:

Ched Jennings

Louisville, Kentucky