10.04. Notice to Employer of Injury.
Court | Kansas |
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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