1. Did the claimant's injury arise out of and in the course of his employment?; 2. Did the ALJ exceed his authorization and/or jurisdiction in granting benefits?; 3. Did the claimant violate K.S.A. 44-501(a)(1)?; 4. Did the claimant willfully fail to use a guard or protection?; 5. Did the claimant recklessly violate safety rules and/or regulations?

The ALJ found the claimant's accident arose out of and in the course of his employment. The ALJ concluded the claimant playing a YouTube video and not wearing a seat belt at the time of the accident was not reckless. The ALJ ordered medical treatment and TTD benefits. A single Board Member affirmed.

Did Claimant meet his burden of proving he sustained an injury by repetitive trauma arising out of and in the course of his employment, including whether work activities were the prevailing factor in causing the alleged injury?

Claimant complained of bilateral hip injuries and low back injury due to repetitive work activities for Respondent. The Board held Claimant's hip injuries were due to a preexisting condition and were simply aggravated by Claimant's current work activities and the low back complaints were not work related based on the opinions of two doctors, one was the Court ordered evaluator.

1. Was the claimant’s accidental left knee injury of October 6, 2022, the direct and natural result, or the natural and probable consequence, of his August 9, 2022, accidental injury to his right knee, or did he injure both knees on October 6, 2022?; 2. What is the nature and extent of the claimant’s impairment or disability as a result of his work injuries, including whether the claimant is entitled to a work disability award or a permanent total disability award?; 3. Is the claimant entitled to future medical treatment?

The ALJ found the August 9, 2022 accident was the prevailing factor for the claimant’s right knee injury only; the October 6, 2022 accident was the prevailing factor for the claimant’s left knee injury only and not as a natural and probable consequence of his August 9, 2022 right knee injury; the claimant sustained 18% of the right lower extremity for the August 9, 2022 accident; the claimant sustained 2% of the left lower extremity for the April 24, 2021 accident and 8% of the left lower extremity for the October 6, 2022 accident; the claimant is not permanently and totally disabled; the claimant did not sustain a work disability; and the claimant is entitled to unauthorized and future medical treatment for his knees. The Board modified the calculations.

1. Was the claimant’s accidental left knee injury of October 6, 2022, the direct and natural result, or the natural and probable consequence, of his August 9, 2022, accidental injury to his right knee, or did he injure both knees on October 6, 2022?; 2. What is the nature and extent of the claimant’s impairment or disability as a result of his work injuries, including whether the claimant is entitled to a work disability award or a permanent total disability award?; 3. Is the claimant entitled to future medical treatment?

The ALJ found the August 9, 2022 accident was the prevailing factor for the claimant’s right knee injury only; the October 6, 2022 accident was the prevailing factor for the claimant’s left knee injury only and not as a natural and probable consequence of his August 9, 2022 right knee injury; the claimant sustained 18% of the right lower extremity for the August 9, 2022 accident; the claimant sustained 2% of the left lower extremity for the April 24, 2021 accident and 8% of the left lower extremity for the October 6, 2022 accident; the claimant is not permanently and totally disabled; the claimant did not sustain a work disability; and the claimant is entitled to unauthorized and future medical treatment for his knees. The Board modified the calculations.

1. Was the claimant’s accidental left knee injury of October 6, 2022, the direct and natural result, or the natural and probable consequence, of his August 9, 2022, accidental injury to his right knee, or did he injure both knees on October 6, 2022?; 2. What is the nature and extent of the claimant’s impairment or disability as a result of his work injuries, including whether the claimant is entitled to a work disability award or a permanent total disability award?; 3. Is the claimant entitled to future medical treatment?

The ALJ found the August 9, 2022 accident was the prevailing factor for the claimant’s right knee injury only; the October 6, 2022 accident was the prevailing factor for the claimant’s left knee injury only and not as a natural and probable consequence of his August 9, 2022 right knee injury; the claimant sustained 18% of the right lower extremity for the August 9, 2022 accident; the claimant sustained 2% of the left lower extremity for the April 24, 2021 accident and 8% of the left lower extremity for the October 6, 2022 accident; the claimant is not permanently and totally disabled; the claimant did not sustain a work disability; and the claimant is entitled to unauthorized and future medical treatment for his knees. The Board modified the calculations.