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BRADFORD v. BOEING MILITARY AIRPLANES9/27/1996
Tony M. Bradford appeals from the order of the Workers Compensation Appeals Board (Board), arguing that (1) the Board erred in concluding that he suffered a work-related injury to his right wrist only; (2) the administrative law judge (ALJ) lacked the authority to issue an award; and (3) the prior decisions of this court defining the date of injury in carpal tunnel cases require that his injury be designated as a permanent partial general bodily disability.
Bradford worked as a mechanic for Boeing Military Airplanes (Boeing) from 1987 until September 1993. Bradford's job involved lifting, drilling, and riveting.
In July 1992, Bradford began to experience numbness, tingling, and a loss of grip strength in his right arm. About 2 to 3 weeks later, Bradford experienced similar symptoms in his left arm.
On August 10, 1992, Bradford went to Boeing's medical office, received pain medication, and was sent back to his job. Even though Bradford was having problems with both hands at that time, his right hand was more problematic.
On August 25, 1992, Bradford saw Dr. Harry Morris, an orthopedic surgeon. Bradford testified that he told Dr. Morris he was having problems with both of his arms and wrists; however, Dr. Morris' treatment notes reflect that Bradford only complained about his right arm, wrist, and hand. Dr. Morris' notes also indicate that Bradford kept working by using his left hand.
On September 7, 1992, Dr. Morris saw Bradford again and at that time, Bradford did not complain of problems with his left hand or wrist. Dr. Morris testified that on October 7, 1992, Bradford complained for the first time that his left wrist was bothering him.
After Bradford's fourth visit, Dr. Morris recommended that he see another surgeon as Bradford wanted surgery.
Bradford first saw Dr. James Gluck, an orthopedic surgeon, on December 8, 1992. Dr. Gluck treated Bradford by giving him cortisone injections. Dr. Gluck then performed carpal tunnel release surgery on Bradford's right arm on January 15, 1993, and his left arm on January 29, 1993.
In June 1993, following the surgeries and work hardening therapy, Bradford was released to go back to work on light duty; however, Bradford returned to his riveting and drilling job. After a few weeks, Bradford's symptoms recurred and he was reassigned to sorting blueprints. In September 1993, Bradford was laid off by Boeing.
Bradford had filed a workers compensation claim against Boeing and its insurance carrier. Bradford received an award in which the ALJ found that Bradford " a 10 percent impairment to his right arm as a result of his accidental injuries suffered while working for the respondent." Similarly, the ALJ found that Bradford " not sustained his burden to prove that any problems that he had with his left arm [were] related to injuries he received at work." The Board affirmed the ALJ's award.
Bradford argues that he suffered from bilateral carpal tunnel syndrome and not just an injury to his right wrist.
"Our scope of review in a workers compensation case requires that we view the evidence in a light most favorable to the prevailing party and that we determine whether the trial court's findings are supported by substantial competent evidence." Grizzle v. Gott Corp., 19 Kan. App. 2d 392, 393, 872 P.2d 303 (1993).
The ALJ and the Board found that Bradford failed to sustain his burden of proof that he injured his left arm and/or hand as a result of working for Boeing.
This court will affirm the Board's ruling absent proof of an arbitrary disregard of undisputed evidence or some extrinsic
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