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eBook details

• Title: Ploutz v. Ell-Kan Co.
• Author : Supreme Court of Kansas
• Release Date : January 18, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

The opinion of the court was delivered by This is a workers' compensation appeal. The facts in the case are undisputed and are as follows: The claimant, Alice M. Ploutz, was employed as a wire cutter by respondent, Ell-Kan Company, Inc. She claimed a 100 percent permanent partial general disability based on a back injury arising from and aggravated by three separate accidents occurring March 29, 1977, September 12, 1977, and March 19, 1979. Claimant sought medical treatment after each injury and was hospitalized each time. Claimant returned to work after recuperating from the first two accidents. Likewise, she returned to work after the third accident in March 1979, but continued to miss work frequently because of back pains, until she finally quit her job in November 1979. Claimant is now working in a liquor store owned by her son. Her duties include some light lifting, but do not involve lifting anything heavier than a single case of beer. After a hearing, the administrative law judge found claimant's injuries were caused by the three accidents, with all three arising out of and in the course of her employment. The administrative law judge determined that claimant suffered a 40 percent permanent partial general disability to the body as a result of the injuries and also concluded that, under the circumstances, the claimant would not be able to return to the same position of employment with Ell-Kan. Both claimant and the Workers' Compensation Fund appealed to the workers' compensation director. The director modified the award, finding that claimant suffered a 20 percent permanent partial general disability as a result of the 1977 accidents, and a 50 percent permanent partial general disability following the more recent surgery and doctors' limitations. The director did not make a specific finding that she could not return to the same job that she previously held. All parties then took an appeal to the district court from the director's [234 Kan. 955]

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