253317A. JOHN R. MONTGOMERY.

Case DateFebruary 01, 2006
CourtKansas
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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