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GARRISON v. BEECH AIRCRAFT CORP.12/20/1996
This is a workers compensation case. The hearing officer found that the claimant, Linette J. Garrison, had a 14 percent general bodily disability. Because she continued to earn the same wage, the hearing officer found that she had no work disability
(K.S.A. 1991 Supp. 44-510e ). Although Garrison did not appeal this finding, she later filed for review and modification of the award. The hearing officer then modified the award to reflect a partial work disability of 16 percent. Next, Garrison petitioned the Workers Compensation Board (Board) for review of the findings from the review and modification. The Board found that Garrison had sustained a 40 percent work disability. Her employer, Beech Aircraft Corporation, appeals.
The facts of this case are not in dispute. Garrison worked for Beech from September 1978 to February 1994. Garrison developed problems in her wrists and hands beginning in 1991. On February 24, 1994, the Administrative Law Judge (ALJ) granted Garrison workers compensation benefits based upon a 14 percent functional impairment to the body for work-related injuries to the upper extremities. In that award, the ALJ specifically found that Garrison was not entitled to work disability because she continued to work for Beech in a new position which accommodated her work restrictions and paid a comparable wage.
Garrison terminated her employment with Beech in April 1994 and filed a request to review and modify the award. On October 12, 1994, the ALJ modified the initial award to reflect that Garrison was entitled to a 16 percent "partial work disability."
The Board later found that the ALJ's award should be modified. The Board found that the new position provided by Beech for Garrison in February 1994 was inappropriate and did not accommodate Garrison's work restrictions. The Board, therefore, found that the presumption of no work disability contained in K.S.A. 1991 Supp. 44-510e was overcome. The Board ruled that Garrison was entitled to a 40 percent permanent partial general disability.
Beech argues that the Board acted improperly in modifying Garrison's award. Specifically, Beech contends that an award may only be modified where the claimant's disability has improved or worsened, necessitating review and adjustment. On the other hand, Garrison argues that there were substantial changes in her circumstances which mandated review and modification of the ALJ's award. She claims that the most significant change was her new
position in February 1994 which exacerbated her injury, causing her to resign.
Review of the Board's decision is now by the appellate courts> in accordance with the Act for Judicial Review and Civil Enforcement of Agency Actions, K.S.A. 77-601 et seq. See K.S.A. 44-556.
Under K.S.A. 77-621 of the Act, appellate review is explicitly limited to questions of law. See Kindel v. Ferco Rental, Inc., 258 Kan. 272, 277, 899 P.2d 1058 (1995). K.S.A. 77-621 states, in relevant part:
"(c) The court shall grant relief only if it determines any one or more of the following:
. . .
"(4) the agency has erroneously interpreted or applied the law;
. . .
"(7) the agency action is based on a determination of fact, made or implied by the agency, that is not supported by evidence that is substantial when viewed in light of the record as a whole . . .; or
"(8) the agency action is otherwise unreasonable, arbitrary or capricious."
Beech contends that the Board did not have jurisdiction to determine that Garrison had a work disability
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