253317A. JOHN R. MONTGOMERY.
Case Date | February 01, 2006 |
Court | Kansas |
Kansas Workers Compensation
2006.
253317A.
JOHN R. MONTGOMERY
For Case Summaries go to:
Table of
ContentsKeyword ListingFebruary 01, 2006DOCKET NO. 253,317ABEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION
OF WORKERS COMPENSATION JOHN R.
MONTGOMERY
Claimant VS. THE BOEING COMPANY
Respondent)
Docket No. 253,317 AND INSURANCE CO. OF THE
STATE OF PA, C/O AIG
Insurance Carrier
ORDER
Claimant requested review of the November 9, 2005 Review and
Modification Order by Special Administrative Law Judge (SALJ) Marvin Appling.
The Board heard oral argument on January 20, 2005 in Wichita, Kansas.
Appearances
Stephen J. Jones, of Wichita, Kansas, appeared for the claimant.
Eric K. Kuhn, 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 only issue to be decided in this appeal is whether claimant
has established a change in circumstance since the entry of his original Award
such that he is now entitled to a finding of permanent and total disability
under K.S.A. 44-510c(a)(2). The SALJ concluded that the claimant failed to meet
his burden of proof and declined to award claimant a permanent and total
disability.
Claimant contends he has met his burden of establishing he is
permanently and totally disabled. Distilled to its essence, claimant asserts
that his condition has gradually deteriorated and that, coupled with his
narcotic haze, renders him incapable of engaging in any sort of meaningful
employment.
Respondent argues claimant's condition has not changed and that
he is still capable of substantial and gainful employment within his
restrictions. Therefore, respondent contends that the SALJ's Order should be
affirmed. 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 finds the SALJ's Review and Modification Order should be
affirmed.
Claimant suffered a compensable injury to his neck on January 31,
2000. He was initially treated conservatively, and eventually underwent surgery
to address his ongoing cervical pain complaints. A discectomy and fusion was
performed, but his neck and right shoulder complaints continued, leaving him
with chronic pain. Since April 2002, the claimant has been receiving treatment
with Dr. Jon Parks. Over time, Dr. Parks has prescribed a variety of
medications including but not limited to Neurontin, Zoloft, Baclofen, Ambien
and Percocet. These medications have been adjusted from visit to visit,
depending on claimant's complaints and the adequacy of his relief. According to
claimant, he refused to take his medications when he needed to drive as they
apparently affect his ability to react.
At the original (Oct. 30, 2002) regular hearing...
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