4.46. Secondary Injury / New Injury Resulting from Primary Accident, See Also.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 4.46. Secondary Injury / New Injury Resulting from Primary Accident, See Also SummariesChapter 44.46 Secondary Injury / New Injury Resulting from Primary Accident, See AlsoSec. 4.45a (Natural and Probable Consequences) November 2005. (Award) Injuries that result to more than one body member. Whether to compensate claimant for two scheduled injuries under K.S.A. 44-510d or as a permanent partial general body (work) disability under K.S.A. 55-510e(a). When simultaneous injuries to a combination of body members listed in K.S.A. 44-510c(a)(2) occur, the claimant is presumed to be permanently and totally disabled. Claimant has not sustained simultaneous shoulder injuries when claimant sustains a parallel, bilateral shoulder injury, first in the right shoulder and then in the left by virtue of his overuse. Carlson v. Hutchinson Correctional Facility, Docket No. 1,012,165. See Also,Willie McIntosh v. Sedgwick County, Docket No. 245,635 (July 2003) October 1999. (Award) Where claimant had reached maximum medical improvement after initial surgery and then condition worsened, requiring second surgery, the Board found that the second surgery and increase in disability occurred from an intervening injury when claimant lifted his grandson at home and not as a natural and direct consequence of the original injury. The claimant was, therefore, limited to the 10 percent disability which resulted from the first injury and surgery. Jellison v. Kiowa County, Docket No. 219,964. November 1998. (Award) If the injury, temporary or permanent, is the natural and probable consequence of an earlier work-related injury, benefits are assignable to that earlier injury. If, on the other hand, there has been a new accident, the benefits for the injury, again either temporary or permanent, are assignable to the employer and insurance carrier for the new accident. SeeBurbank v. Unified School District, Docket No. 223,983 (December 1997). Council v. Shilling Construction Company, Inc, Docket No. 210,040. [Affirmed by unpublished Court of Appeals opinion, Docket No. 82,424, December 10, 1999.] May 1998 (Ph). Although claimant had a history of pre-existing low-back problems, claimant established that he was capable of performing his job duties as a construction laborer up and until he suffered the June 1997...