268590. ROBIN BOYETTE.

Case DateOctober 10, 2003
CourtKansas
Kansas Workers Compensation 2003(6). 268590. ROBIN BOYETTE For Case Summaries go to: 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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