Case Date:October 03, 2003
Kansas Workers Compensation 2003(5). 230309. LAWRENCE A. WRIGHT For Case Summaries go to: Table of ContentsKeyword ListingOctober 03, 2003DOCKET NO. 230,309BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION LAWRENCE A. WRIGHT Claimant VS. Docket No. 230,309 GCR TRUCK TIRE CENTER Respondent AND INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Insurance Carrier ORDER Respondent appeals from the preliminary hearing Order of Assistant Director Brad E. Avery dated April 30, 1998, wherein the Assistant Director granted claimant benefits in the form of medical treatment and temporary total disability finding claimant suffered accidental injury arising out of and in the course of his employment with respondent and that notice was timely given. Issues (1) Did claimant suffer personal injury by accident arising out of and in the course of his employment with respondent? (2) Did claimant provide respondent notice of the alleged accidental injury in a timely fashion? Findings of Fact and Conclusions of Law Based upon the evidence presented and for the purpose of preliminary hearing, the Appeals Board makes the following findings of fact and conclusions of law: The Appeals Board finds, for preliminary hearing purposes, that the Order of the Assistant Director should be affirmed. Claimant, a well-respected long-term employee of respondent, performed heavy manual labor involving lifting between 75 and 150 pounds on a regular basis. It was well-known to respondent's employees and management that claimant had ongoing back problems which preexisted his employment with respondent. It was also known to the management of respondent's company that the work claimant performed for respondent contributed to his ongoing condition. Through the months of May, June and July 1997, claimant's condition worsened substantially and he began experiencing symptoms into his leg. Several witnesses for respondent expressed concern that claimant's leg problems, including the numbness...

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