219171. OLETA BROWN.
Case Date | October 01, 2003 |
Court | Kansas |
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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