10.04. Notice to Employer of Injury.

CourtKansas
Kansas Workers Compensation Settlement Reporter 10.04. Notice to Employer of Injury SummariesChapter 1010.04 Notice to Employer of InjurySee Also,Franco-Lopez v. Loma Vista Nursery Inc., Docket No. 1,019,608. (October 2005). November 2001 (Ph)When a worker sustains repetitive injuries to the bilateral upper extremities notice to the employer of symptoms then affecting only one extremity suffices for notice of accidental injury to the other upper extremity. In this case, the worker sustained bilateral carpal tunnel syndrome. Burrell vs. Red Hot and Blue Restaurant, Docket No. 267,674. September 2000 (Order) The Board held that the date of accident for microtrauma injury, which in this case is the last day claimant worked for respondent, is also the appropriate date from which the notice time limits begin under K.S.A. 44-520. Krause vs. Frito-Lay, Inc., Docket No. 255,668 (September 2000). November 1999. (Award) Board held information on application for benefits under short term disability benefits did not satisfy notice requirements of K.S.A. 44-520 where claimant had earlier informed respondent injury occurred while playing basketball. Benefits were denied. Bruce v. Fresh Start Bakeries, Inc., Docket No. 223,672. [Reversed and remanded by Court of Appeals opinion October 27, 2000, Docket No. 84,438.] June 1999. (Ph) Complaints of pain do not necessarily constitute notice of an injury. But under some circumstances, such as the case at hand, the Board concludes that the notice given by claimant was sufficient to satisfy the statutory requirements. First, the Board found the context of claimant's complaints of pain to her supervisor were intended and were, in fact, understood as complaints that the work was causing the symptoms -- claimant's supervisor testified that he assumed her complaints were connected with her work. He also noted that he offered claimant alternative work after she discussed her pain with him on 5 - 10 separate occasions. Whitmore v. Econo Clad Books, Docket No. 239,548. ----- The Board continues to hold that notice given before the date ultimately determined to be the date of accident for repetitive trauma type injuries satisfies the statutory requirements. Id. See Also, Reyes v. Golden Plains Health Care, Docket No. 247,042 (March 2000) (Ph). July 1998. (Ph) Where claimant's condition continued to worsen over time, the Appeals Board finds claimant suffered a series of injuries through July 30, 1996, the last day she worked for respondent, rather than a specific trauma on July 13, 1996. Claimant's notice given to respondent on August 7, 1996, would be sufficient to satisfy the 10-day notice requirement of K.S.A. 44-520. See McIntyre v. A.L. Abercrombie, Inc., 23 Kan. App.2d 204, 929 P.2d 1386 (1996). Mulvihill v. Stormont-Vail Regional Medical Center, Docket No. 216,062. June 1998. (Ph) Claimant bears the burden of proving he/she provided notice of a work-related injury to respondent within 10 days per K.S.A. 44-520. Where claimant's witnesses and supervisor testified to the contrary of claimant, the Appeals Board affirms the ALJ's order denying benefits for claimant's failure to provide...

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