268590A. ROBIN BOYETTE.

• Case Date: October 15, 2003
• Court: Kansas

Kansas Workers Compensation 2003(6). 268590A. ROBIN BOYETTE For Case Summaries go to: Table of ContentsKeyword ListingOctober 15, 2003DOCKET NO. 268,590ABEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION ROBIN BOYETTE Claimant VS.) Docket No. 268,590 HALLMARK CARDS, INC. Self-Insured Respondent ORDER Claimant requested review of the March 18, 2003 Award by Administrative Law Judge Bryce D. Benedict. The Board heard oral argument on October 2, 2003. Appearances Patrick R. Nichols of Lawrence, Kansas, appeared for the claimant. Gregory D. Worth of Roeland Park, Kansas, appeared for the self-insured respondent. Record and Stipulations The Board has considered the record and adopted the stipulations listed in the Award. Issues The Administrative Law Judge (ALJ) found the claimant did not sustain her burden of proof that she suffered from an occupational disease arising out of and in the course of employment. The sole issue raised on review by the claimant is whether she met her burden of proof to establish a causal connection between her work and a temporary liver function abnormality that she experienced. Claimant argues exposure to chemicals in the workplace caused her to suffer illness related to an onset of temporary liver dysfunction. Claimant agrees that she has recovered and does not allege she suffered any permanent impairment. Claimant concludes the Board should find she has met her burden of proof to establish workplace exposure to chemicals caused a temporary onset of liver disease and affirm the preliminary hearing decision ordering temporary total disability compensation. Conversely, the respondent argues the ALJ's Award should be affirmed because the evidence failed to establish a causal connection between the claimant's employment and her temporary liver dysfunction. In the alternative, if the claim is determined to be compensable, the respondent argues there was an overpayment of temporary total disability compensation. And respondent further argues claimant would not be entitled to future medical treatment because her liver dysfunction was admittedly a temporary condition which has resolved without any permanent impairment. 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 makes the following findings of fact and conclusions of law: Claimant started working for the respondent on January 27, 1994, as a feeder packer in a department responsible for the manufacturing and packing envelopes. On April 9, 2001, claimant woke up with left leg pain, nausea, and stomach pains. As a result of those symptoms, claimant on her own, sought medical treatment from Dr. Juliana M. Reser at the Haskell Indian Health Center located in Lawrence, Kansas. The claimant was seen by a nurse practitioner. Claimant was initially treated for a suspected blood clot in her leg and blood samples were obtained for testing. Claimant was taken off work because of the phlebitis in her leg. The blood test results on April 13, 2001, indicated that claimant's liver enzyme count was high. A second set of blood samples were obtained on April 18, 2001. The repeat study on April 18, 2001, showed the SGPT, which is more specific for the liver, was still elevated but the SGOT, which is more specific for other tissues, was normal. Dr. Reser...