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WOODWARD v. BEECH AIRCRAFT CORP.11/13/1997
Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish by an order dated November 13, 1997, pursuant to Rule 7.04 (1997 Kan. Ct. R. Annot. 44).
Beech Aircraft Corporation (Beech) appeals from the order of the Workers Compensation Board (Board), which awarded William H. Woodward benefits based on an 18 percent permanent partial disability to the body as a whole and found that the Workers Compensation Fund (Fund) was not liable for any portion of that award.
Woodward was employed at Beech as a sheet metal assembler. On October 18, 1991, Woodward stepped on an air hose and twisted his left knee.
Beech referred Woodward to Dr. Bossemeyer, who referred Woodward to Dr. Alan L. Kruckemyer. Dr. Kruckemyer performed arthroscopic surgery on Woodward's left knee on December 10, 1991.
On January 5, 1992, Woodward returned to work. Because Woodward favored his injured left knee, he began to suffer pain in his right knee. Woodward notified Beech of the problem with his right knee in mid-January 1992.
Dr. Kruckemyer's medical records of December 24, 1991, noted that Woodward was "developing some increased soreness in his right knee because of overuse." (Emphasis added.) Dr. Kruckemyer admitted on cross-examination that following an injury to one leg, a person can overuse or put more stress on the other leg. Dr. Kruckemyer released Woodward from treatment in August 1992, and Woodward continued working at Beech.
On March 29, 1993, Woodward sought treatment from Dr. Joyce, an orthopedic surgeon. Beech would neither authorize nor pay for Woodward's treatment by Dr. Joyce.
At the request of Woodward's counsel, Woodward was examined by Dr. Ernest R. Schlachter on June 25, 1993. At that time, Woodward complained of pain in both knees, occasional buckling in his left knee with the most recent incident being 1 week prior to the examination, and swelling in the left knee. Woodward testified that he considered this recent buckling in his left knee as either a reinjury or a continuation of his previous left knee injury. Dr. Schlachter testified that the aggravation to Woodward's right knee was a result of the October 1991 injury to the left knee.
Dr. Schlachter concluded that Woodward suffered an 18 percent permanent partial impairment of function to the body as a whole as a result of his knee problems.
Dr. Kruckemyer testified that Woodward suffered a 7.5 percent permanent partial functional impairment of the left leg as of August 1992 and an additional 5 percent permanent partial functional impairment of the left leg following the June 1993 buckling injury. Dr. Kruckemyer also testified that the additional 5 percent impairment would not have occurred but for Woodward's preexisting condition.
Prior to his October 18, 1991, injury, Woodward had undergone three surgeries to his right knee. Dr. Gary L. Harbin testified that Woodward had severe degenerative changes in the right knee and that a subsequent injury could hasten the degenerative process; however, the knee would degenerate regardless of any subsequent injury.
The administrative law judge (ALJ) noted that all parties agreed that Woodward suffered a compensable injury to his left knee on October 18, 1991. The ALJ concluded that the complications of the right knee arose from normal activities. The ALJ found that Woodward suffered a 12.5 percent impairment to the left leg only.
The ALJ also found that the Fund was liable for 40 percent of the award. The ALJ viewed the June 1993 left knee buckling incident as a separate injury that would not have occurred but for Woodw
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