268590. ROBIN BOYETTE.
Case Date | October 10, 2003 |
Court | Kansas |
Kansas Workers Compensation
2003(6).
268590.
ROBIN BOYETTE
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Table of ContentsKeyword ListingOctober 10, 2003DOCKET NO. 268,590BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS
COMPENSATION ROBIN BOYETTE
Claimant VS. Docket No. 268,590 HALLMARK CARDS,
INC. Respondent Self-Insured
ORDER
Respondent appealed Administrative Law Judge Bryce D.
Benedict's November 30, 2001, preliminary hearing Order. Issues The Administrative Law Judge (ALJ) granted claimant's request
for medical treatment, temporary total disability, and temporary partial
disability benefits. On appeal, respondent contends claimant failed to prove
she suffered an accidental injury or an occupational disease that arose out of
and in the course of her employment with respondent. Furthermore, respondent
argues that the ALJ exceeded his jurisdiction when he ordered respondent to pay
temporary total and temporary partial disability compensation for the same
weeks claimant received full wages from respondent.
Claimant, on the other hand, requests the Board to affirm the
ALJ's preliminary hearing Order. Findings of Fact and
Conclusions of Law After reviewing the preliminary hearing record and considering
the parties' briefs, the Board makes the following findings and conclusions:
Claimant started working for the respondent on January 24,
1994, as a feeder packer in a department responsible for the manufacturing and
packing of envelopes. On April 9, 2001, claimant woke up with left leg pain,
nausea, and stomach pains.[1] As a result of those symptoms, claimant on her
own, sought medical treatment from Juliana Reser, M.D., at the Haskell Indian
Health Center located in Lawrence, Kansas. Dr. Reser's medical treatment
records were offered and were admitted into evidence at the preliminary
hearing.
Dr. Reser's first medical record is dated April 26, 2001, and
is a follow up appointment. As a result of Dr. Reser's examination, she found
liver tenderness and mild tenderness in claimant's calf of her left leg. Her
impression was hepatitis of uncertain etiology and phlebitis of the left leg.
The next time Dr. Reser saw claimant was on May 3, 2001. At that time, claimant
had undergone blood tests which indicated elevated liver enzymes. Her physical
examination revealed slight left calf tenderness and mild tenderness of the
liver. Dr...
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