219171. OLETA BROWN.

Case Date:October 01, 2003
Kansas Workers Compensation 2003(4). 219171. OLETA BROWN For Case Summaries go to: Table of ContentsKeyword ListingOctober 01, 2003DOCKET NO. 219,171BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION OLETA BROWN Claimant VS. Docket No. 219,171 FRITO LAY, INC. Respondent Self-Insured ORDER Claimant requested Appeals Board review of the June 5, 1997, preliminary hearing Order Denying Compensation entered by Administrative Law Judge Floyd V. Palmer. Issues Claimant asked the Appeals Board to review the following issues: (1) Whether claimant suffered an occupational disease that arose out of and in the course of her employment with the respondent. (2) Whether the Administrative Law Judge exceeded his jurisdiction when he denied claimant's request for preliminary compensation benefits. Findings of Fact and Conclusions of Law After reviewing the preliminary hearing record and considering the briefs of the parties, the Appeals Board finds as follows: Claimant commenced working for the respondent on November 20, 1995. In June of 1996, claimant came down with a sore throat, fever, and headache. She sought medical treatment for these conditions from her family physician, Joel R. Hutchins, M.D., on June 18, 1996. Dr. Hutchins treated the claimant with medication and took her off work for a few days. Claimant then developed a persistent cough. Dr. Hutchins referred claimant to Emil J. Kleinholz, M.D., a pulmonary specialist, in Topeka, Kansas. Dr. Hutchins' medical records, admitted into evidence at the preliminary hearing, noted on July 8, 1996, that claimant's referral was being made for a bronchitis condition. Dr. Kleinholz saw claimant on July 10, 1996, and his assessment was possible asthma or some hyper-reactivity of the airways following an episode of active bronchitis. The doctor prescribed two different mouth inhalers and one nasal inhaler for these conditions. Dr. Kleinholz saw claimant again on July 24, 1996, and claimant was much improved. At that time, the doctor made a definite diagnosis that the claimant had asthma. Dr. Kleinholz's medical reports to Dr. Hutchins concerning the examination and treatment of the claimant on July 10, 1996, and July 24, 1996, contain no statements that either the claimant or the doctor related her asthma condition to claimant's employment. Dr. Hutchins'...

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