1. Jurisdiction to review prelimnary order 2. Dismissal pursuant to K.S.A. 44-523(f)

In the absence of legal authority to consider the denial of medical treatment Claimant's application for review of the preliminary Order denying medical treatment is dismissed. The Board affirms the ALJ's decision to dismiss both claims. Claimant did not file a motion requesting an extension of time to prosecute. Pursuant to K.S.A. 44-523(f)(1) the Board is limited to dismissing both claims.

Jurisdiction to review preliminary order

ALJ ordered TTD. Respondent appealed alleging the claimant ignored an 'end of leave' letter. Had the claimant responded to the letter the employer could have accommodated the claimant's restrictions. Compensability of the underlying claim was not in issue. A single Board Member held K.S.A. 44-534a(a)(2) grants the ALJ authority to award medical compensation or not. As no jurisdictional issues were raised the claimant's appeal on this issue was dismissed pursuant to K.S.A. 44-551(l)(2)(A).

1. What is the nature and extent of the claimant's disability? 2. Is the claimant entitled to future medical treatment? 3. What is the claimant's average weekly wage? 4. Is the claimant entitled to an underpayment of temporary total disability (TTD) benefits?

The SALJ awarded the claimant 12.5% permanent impairment to his left leg and future medical treatment. The SALJ determined the claimant’s wage information was insufficient to allow an accurate calculation; however made an attempt to compute a wage based on the available data. The Board affirmed the SALJ’s findings on functional impairment and future medical treatment but remanded the determination of the claimant’s average weekly wage to the ALJ.

Did Claimant sustain personal injury by accident arising out of and in the course of his employment?

The Board Member affirmed the ALJ’s finding Claimant did not establish he injured his right eye. Claimant’s testimony was inconsistent and not credible.

Nature & extent of disability and future medical treatment

Claimant suffered compensable injuries to her thumbs and hands. Respondent disputed whether Claimant also suffered compensable injuries to her elbows and shoulders. The Board awarded compensation for injuries to Claimant's thumbs hands and right shoulder based on the ratings in the record. The Board awarded future medical.