Samantha N. Benjamin-House recently prevailed of a Kansas school district in a workers’ compensation case that had been appealed to the Kansas Board of Appeals.

While employed as a teacher, the claimant slipped and fell in December 2002, injuring her right arm, hand, elbow and shoulder.  The claimant was treated for her knee injury and, in April 2003, was allowed to return to work with restrictions of no kneeling, squatting or climbing ladders.  She could, however, climb up or down stairs two to three times a day.  By November 2003, the claimant was released as being at maximum medical improvement with no restrictions regarding the knee injury.

In January 2003, the claimant was placed on light duty for the elbow injury with no twisting of the right arm and no lifting more than 10 pounds with the right arm.  The administrative law judge found that the claimant was entitled to 16 percent partial impairment to her right upper extremity and a three percent permanent partial impairment to her right lower extremity.  These findings were not appealed.

In March 2003, the claimant alleged that she suffered a subsequent work-related injury when she was unloading some books and supplied from a box.  She allegedly heard a pop and felt pain in the back of her neck and down her left arm.  The claimant testified at the time that she was under restrictions from a doctor and she should not use her right arm for lifting because of the 2002 injury.  However, the second accident was not a direct and natural consequence of the first accident.  The claimant did not report any further injuries and has not worked elsewhere since ending her employment with the school district.

Overall, the claimant alleged that she was permanently, totally disabled or, as an alternative, was entitled to a work disability.  At trial, the judge granted a work disability.  However, the Board overturned the work disability, ruling that the claimant did not make a good faith effort to find employment.

Moreover, in the case, the claimant did not show any evidence regarding their vocational evaluation and the claimant’s wage loss.  As such, the Board imputed the minimum wage for the State of Kansas.  This resulted in the claimant’s having an average weekly wage higher than 90 percent of her pre-injury wages.  Thus, the Board of Appeals denied work disability.