No. 1,001,567. NANCY M. SOUTHERN VS. UNIFIED SCHOOL DISTRICT 259.

Case DateOctober 22, 2010
CourtKansas
Kansas Workers Compensation 2010. No. 1,001,567. NANCY M. SOUTHERN VS. UNIFIED SCHOOL DISTRICT 259 October 22, 2010BEFORE THE APPEALS BOARDFOR THE KANSAS DIVISION OF WORKERS COMPENSATIONDocket No. 1,001,567NANCY M. SOUTHERN Claimant VS.UNIFIED SCHOOL DISTRICT 259 Self-Insured Respondent ORDER Respondent appealed Administrative Law Judge John D. Clark's Award dated December 6, 2002. The Board heard oral argument on May 16, 2003. Stacy Parkinson was appointed as Board Member Pro Tem for the purpose of determining this matter. Appearances Chris Clements of Wichita, Kansas, appeared for the claimant. Gary K. Albin of Wichita, Kansas appeared for the self-insured respondent. Record and Stipulations The Board has considered the record and adopted the stipulations listed in the Award. At oral argument before the Board the parties agreed that the correct payment rate for temporary total disability compensation was $263.73. In addition, the parties agreed that if the Administrative Law Judge's pre-injury and post-injury average weekly wage findings are adopted the wage loss would correctly calculate to 48 percent. Issues The Administrative Law Judge (ALJ) found claimant suffered a 44.5 percent work disability based upon a task loss of 36.5 percent and a wage loss of 52.5 percent.(fn1) Respondent requested review of the nature and extent of claimant's disability. Respondent argues claimant refused accommodated employment and should be denied a work disability. In the alternative, respondent argues claimant did not make a good faith effort to find appropriate employment and a wage should be imputed. Lastly, respondent argues the task loss opinion provided by Dr. John P. Estivo is more persuasive than that provided by Dr. Pedro A. Murati. Claimant requests the Board to affirm the ALJ's Award. 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 affirms the ALJ's findings but modifies the Award to reflect the parties agreed temporary total disability compensation rate and to correct the calculation of the work disability based upon a 48 percent wage loss and a 36.5 percent task loss. The Board finds the ALJ's findings and conclusions are otherwise accurate and supported by the law...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT