Nature and extent of disability; future medical.

Claimant suffered a compensable injury by accident on January 12, 2023. An MRI performed by respondent's authorized physician showed a disc herniation at L5-S1 with some nerve compression on the right at S1. Claimant underwent a single-level discectomy. The ALJ found the opinions of Drs. Ciccarelli and Pohl equally credible and awarded Claimant 19 percent whole person permanent partial impairment. The ALJ also awarded future medical treatment. The Board found Dr. Pohl's rating excessive and lowered the ALJ's award to 14 percent, and affirmed the ALJ on all other issues.

Nature & Extent and Future Medical Benefits.

The Board modified Claimant’s functional impairment to 5.5% to the hand based on a split of the two ratings. The Board reversed the ALJ’s denial of future medical benefits finding the opinions of Dr. Murati to be more credible and noting Dr. Walker noted Claimant may need future medical treatment.

Timely Application for Benefits (E1); Jurisdiction

A single Board Member denied the request for benefits after concluding the record did not establish a timely E1 was filed. Under the plain language of K.S.A. 44-534, the employee must prove the E1 was filed within three years of the date of accident or within two years from the date compensation was last paid. The date of the appointment is not the date compensation was paid, and the record did not establish when the appointment constituting compensation was paid.

Compensability, TTD

A single Board Member reversed the ALJ’s determination of noncompensability, and concluded Claimant proved he sustained an injury by accident arising out of and in the course of employment with Respondent. The matter was remanded for proceedings on Claimant’s request for TTD.

1. Did Claimant’s injuries arise out of and in the course of his employment with Respondent? 2. Did the relationship of employer/employee exist on the date of injury? 3. Claimant’s average weekly wage. 4. TTD. 5. Nature and extent. 6. Future medical benefits. 7. Payment of outstanding medical bills. 8. Is the Fund responsible for payment of claimant’s benefits?

The ALJ found the claim compensable and awarded Claimant 26% functional impairment to the right arm, future medical benefits, TTD for 9.86 weeks, 5.5% to the right leg and ordered the Fund to pay all benefits. The Board rejected Respondent’s argument Claimant failed to prove his identity and found he was an employee of Soria, who was uninsured. The Board modified Claimant’s average weekly wage to $600 and awarded Claimant TTD from the date of accident for 9.86 weeks, The Board affirmed the ALJ’s split of the physician’s ratings and award of future medical benefits, due primarily to the possibility of hardware removal.