1012947. THOMAS M. TICE.
Case Date | June 30, 2006 |
Court | Kansas |
Kansas Workers Compensation
2006.
1012947.
THOMAS M. TICE
For Case Summaries go to: Table of ContentsKeyword ListingJune 30, 2006DOCKET NO. 1,012,947BEFORE
THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION
THOMAS MICHAEL TICE
Claimant VS. CHRIS BLAYLOCK STUCCO
Respondent)
Docket No. 1,012,947 AND PETROSURANCE CASUALTY
CO.
Insurance Carrier
ORDER
Claimant requested review of the January 24, 2006 Award by
Administrative Law Judge John D. Clark. The Board heard oral argument on May
19, 2006.
Appearances
Joseph Seiwert of Wichita, Kansas, appeared for the claimant.
Kirby A. Vernon of Wichita, Kansas, appeared for respondent and its insurance
carrier. Record and Stipulations The Board has considered the record and adopted the stipulations
listed in the Award. Issues The Administrative Law Judge (ALJ) determined that as a result of
the May 4, 2000 accident, claimant suffered an 84 percent task loss and a 100
percent wage loss which combined for a 92 percent work disability.
The claimant requests the Board review the ALJ's denial of his
request for permanent total disability benefits. Claimant maintains he met his
evidentiary burden and has established that he is "essentially and
realistically unemployable" and is entitled to compensation for permanent total
disability. Claimant argues his physical restrictions alone eliminate his
ability to engage in substantial gainful employment.
Although respondent disagrees with the ALJ's finding regarding
the percentage of claimant's wage loss, nonetheless, respondent concedes that
even if its argued percentage of wage loss is adopted, claimant is still
entitled to the $100,000 maximum compensation payable for a permanent partial
disability as a result of his work disability. But respondent argues that
claimant's physical restrictions do not prevent him from engaging in
substantial and gainful employment. Consequently, respondent argues claimant is
not permanently and totally disabled and the ALJ's finding claimant is
permanently partially disabled should be affirmed.
The sole issue before the Board is whether claimant is
permanently and totally disabled as defined by K.S.A. 44-510c(a)(2). Findings of Fact and Conclusions of Law Having reviewed the evidentiary record filed herein, the
stipulations of the parties, and having considered the parties' briefs and oral
arguments, the Board makes the following findings of fact and conclusions of
law:
Claimant was injured when he slipped and fell while carrying a
bag of cement. He injured his right knee and was provided treatment which
included two arthroscopic procedures. An osteotomy was next performed but
claimant developed an infection which ultimately resulted in removal of the
hardware. Finally, claimant underwent a total right knee replacement. Although
this procedure somewhat reduced his knee pain, it is significant that claimant
developed a deep venous thrombosis of his femoral artery which required
hospitalization where he was placed on anticoagulants.
The claimant's deep vein thrombosis has become chronic and
claimant remains on Coumadin and his edema is treated with diuretics, elevation
and a compression stocking. After the knee replacement claimant developed back
problems caused by an altered gait as a result of the injury. It is undisputed
that claimant's back...
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