No. 1,001,567. NANCY M. SOUTHERN VS. UNIFIED SCHOOL DISTRICT 259.
Case Date | October 22, 2010 |
Court | Kansas |
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