1021347. PHILOMENA M. WOHLFORD.

• Case Date: June 29, 2006
• Court: Kansas

Kansas Workers Compensation 2006. 1021347. PHILOMENA M. WOHLFORD For Case Summaries go to: Table of ContentsKeyword ListingJune 29, 2006DOCKET NO. 1,021,347BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION PHILOMENA M. WOHLFORD Claimant VS.) Docket No. 1,021,347 BOMBARDIER AEROSPACE/LEARJET Self-insured Respondent ORDER Respondent requested review of the February 10, 2006, Award by Administrative Law Judge John D. Clark. The Board heard oral argument on June 16, 2006. Appearances John L. Carmichael, of Wichita, Kansas, appeared for the claimant. Vincent A. Burnett, of Wichita, Kansas, appeared for the self-insured respondent. Record and Stipulations The Board has considered the record and adopted the stipulations listed in the Award. Issues The Administrative Law Judge (ALJ) found that claimant suffered a single date of accident of February 5, 2003, and that all of claimant's physical problems are related to that accident; that claimant had a 20 percent impairment of function to the body as a whole; and that claimant was entitled to a work disability. The ALJ awarded claimant a 25.5 percent permanent partial disability based on a task loss of 25 percent and a wage loss of 26 percent. The ALJ found that claimant was entitled to her outstanding medical, unauthorized medical up to the statutory limit, and future medical upon proper application to the Director. The ALJ also found that respondent was entitled to a credit against the temporary total disability (TTD) benefits paid in the amount of $842 because the benefits were paid while claimant was drawing unemployment compensation. Respondent requests the Board affirm the ALJ's finding that claimant's sole date of accident was February 5, 2003. Respondent also requests that the Board affirm the ALJ's finding that respondent was entitled to a $842 credit for TTD benefits paid while claimant was receiving unemployment benefits. Respondent, however, asserts that it should also be given a credit for TTD benefits paid during the 12-week period the claimant was receiving an amount from respondent equivalent to her wage as part of her severance package. Respondent further requests that the Board modify the ALJ's award of 25.5 percent permanent partial disability. Respondent contends that the opinions of Dr. Chris Fevurly are more credible than those of Dr. Reiff Brown and that Dr. Fevurly's opinion concerning claimant's functional disability and task loss should be utilized in computing claimant's permanent partial disability. In the alternative, respondent requests that the Board give equal credence to the opinions of Drs. Fevurly and Brown. Respondent also asserts that claimant is not entitled to future medical treatment because she has suffered a worsening of her condition since returning to work at Learjet through her current employer, The Arnold Group. Respondent contends that there is no evidence in the record regarding claimant's post-injury job search before she completed a job application with The Arnold Group on May 13, 2005. Accordingly, respondent requests that a post-accident wage equivalent to the wage claimant was receiving at respondent be imputed to claimant for the period from claimant's last day at respondent to May 13, 2005.[1] Respondent does not take issue with the ALJ's finding of a 26 percent wage loss after claimant began her employment with The Arnold Group and requests that the Board affirm that finding. Claimant requests that the Board modify the ALJ's Award to eliminate the credit for $842 in TTD compensation. Claimant contends that she was released from the care of Dr. Paul Stein on April 28, 2005, and that TTD compensation payments would have been discontinued as of that date. After April 28, 2005, claimant drew two weeks of unemployment benefits before her employment with The Arnold Group. Consequently, claimant argues she did not receive both TTD compensation and unemployment compensation for that two-week period. 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 a quality analyst at respondent. On February 5, 2003, she fell while working. When she hit the floor, she was knocked unconscious for a short period of time. She dislocated her shoulder, broke her humerus bone, and suffered an injury to her neck. She was taken to the Health Services department, and the nurses tried to put her shoulder back in place but were unable to do so. She was sent to the hospital and saw Dr. Robert Eyster. He provided her with some exercises and also sent her for x-rays. Claimant returned to work the next Monday, February 10. When she returned to work, her arm was in a sling. Claimant's symptoms did not improve. She went back to Health Services, who recommended an MRI. The MRI showed she had a torn rotator cuff, and she was then referred to Dr. James Gluck, who performed rotator cuff repair surgery in February 2004. Claimant began to notice that her fingers and hands were going numb, and she was sent to Dr. Paul Stein. He took...