Crabtree v. Beech Aircraft Corp.

625 P.2d 453, 618 P.2d 849, 5 Kan. App. 2d 440, 229 Kan. 440, 1980 Kan. App. LEXIS 286
CourtCourt of Appeals of Kansas
DecidedOctober 24, 1980
Docket51,554
StatusPublished
Cited by9 cases

This text of 625 P.2d 453 (Crabtree v. Beech Aircraft Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crabtree v. Beech Aircraft Corp., 625 P.2d 453, 618 P.2d 849, 5 Kan. App. 2d 440, 229 Kan. 440, 1980 Kan. App. LEXIS 286 (kanctapp 1980).

Opinions

Abbott, J.:

This appeal arises out of a worker’s compensation claim made by Mae Bell Crabtree against her employer, Beech Aircraft Corporation. Beech and its insurance carrier appeal from the district court’s judgment affirming the examiner’s award for temporary total disability.

The basic issue in this case is the sufficiency of evidence to support an award for temporary total disability. On June 22,1977, claimant slipped and fell, and as a result of her fall she suffered a fractured coccyx. She was treated by Dr. Duane A. Murphy, an orthopedic surgeon. During treatment, Dr. Murphy discovered that claimant had been diagnosed as having multiple sclerosis, although she was not aware of the diagnosis. Dr. Murphy was of the opinion that claimant might benefit from surgical removal of [441]*441the coccyx; he suggested a second opinion that resulted in her being referred to Dr. Cline D. Hensley, an orthopedic surgeon at the Wichita Clinic. Dr. Murphy knew that claimant’s multiple sclerosis had been diagnosed at the Wichita Clinic, and it was his opinion that if the coccygectomy was to be performed it would be in claimant’s best interest for it to be coordinated with and monitored by the physicians treating her for multiple sclerosis. Dr. Hensley examined claimant on October 17,1977. He gave her the option of surgically removing the coccyx or waiting to see if her condition would improve. Claimant chose to wait. Dr. Hensley next saw her on June 27, 1978, and found her condition basically unchanged. Dr. Hensley renewed his offer to perform a coccygectomy if she felt the pain warranted surgery, and claimant again declined. Dr. Hensley testified that claimant’s functional disability rating was 20 to 25 percent of the body as a whole and that would be decreased approximately 10 percent with successful coccygectomy; that people suffering from coccygodynia have gotten better spontaneously without surgery, and he thought that was possible here. He advised claimant she could engage in activities she could handle without unbearable pain resulting; that she should do what work she felt she could and avoid those activities that seemed to aggravate her pain. He did not otherwise express an opinion as to whether or not claimant could engage in any type of substantial and gainful employment.

Dr. Murphy last examined claimant on August 30, 1978, and released her to return to work as of September 5, 1978, with restrictions of “no prolonged standing, walking, sitting.” He was of the opinion she could be fully employed at a job that would not require sitting. Dr. Murphy rated claimant 10 percent functionally disabled without surgery, and that could be reduced to 5 percent with a successful coccygectomy.

The sufficiency of evidence question stems from the fact that the claimant testified only one time in this case, and that was at the preliminary hearing held on February 22, 1978. Her testimony at the time was such that it would support a 100 percent temporary total disability award. The problem is that her testimony was four months old when she was examined and released by Dr. Hensley on June 27, 1978, and more than six months old when Dr. Murphy released her to return to work on September 5, 1978.

[442]*442Before discussing the specific issues, a general review of applicable law is helpful in pinpointing the legal issues. The extent or degree of disability is a question of fact to be determined within the limits of the Workmen’s Compensation Act by the trier of fact. Boyd v. Yellow Freight Systems, Inc., 214 Kan. 797, 522 P.2d 395 (1974). Under K.S.A. 1979 Supp. 44-556(c), our scope of review is limited to questions of law. The question of whether a district court’s judgment is supported by substantial evidence is one of law and if, when viewed in the light most favorable to the party prevailing below, there is substantial evidence to support the district court’s factual findings, this Court is bound by those findings and has no power to weigh the evidence or reverse the final order of the court. The term “substantial evidence” when applied to workers’ compensation cases means evidence that possesses something of substance and relevant consequence or evidence that furnishes a substantial basis of fact from which the issues presented can be reasonably resolved. Although this Court may feel the weight of the evidence as a whole is against the findings of fact made by the district court, it may not disturb those findings if they are supported by substantial competent evidence. Crow v. City of Wichita, 222 Kan. 322, 332-33, 566 P.2d 1 (1977).

Medical evidence is not essential to the establishment of the nature and extent of an injured worker’s disability, nor is a court limited by such evidence; the testimony of the claimant may be considered as well as the medical evidence. Chinn v. Gay & Taylor, Inc., 219 Kan. 196, Syl. ¶ 3, 547 P.2d 751 (1976); Polston v. Ready Made Homes, 171 Kan. 336, 340, 232 P.2d 446 (1951); Conner v. M & M Packing Co., 166 Kan. 98, 100, 199 P.2d 458 (1948).

Although this Court does not judge the credibility of witnesses nor determine the weight to be accorded their testimony, uncontradicted evidence that is not improbable or unreasonable cannot be disregarded by the district court unless it is shown to be untrustworthy and such uncontradicted evidence should ordinarily be regarded as conclusive. Demars v. Rickel Manufacturing Corporation, 223 Kan. 374, Syl. ¶ 5, 573 P.2d 1036 (1978); Anderson v. Kinsley Sand & Gravel, Inc., 221 Kan. 191, Syl. ¶ 2, 558 P.2d 146 (1976).

We first determine whether the evidence is sufficient to support [443]*443the finding that the claimant was temporarily totally disabled as defined by statute. K.S.A. 1979 Supp. 44-510c(fe)(2) states that “[t]emporary total disability exists when the employee, on account of the injury, has been rendered completely and temporarily incapable of engaging in any type of substantial and gainful employment.” If the worker is not totally disabled, but is impaired in his or her ability to engage in work of the same type and character as was performed at the time of the injury, the disability is partial. Grounds v. Triple J Constr. Co., 4 Kan. App. 2d 325, Syl. ¶¶ 1, 3, 606 P.2d 484, rev. denied 227 Kan. 927 (1980).

The purpose of temporary total disability compensation is to compensate an injured worker for loss of wages during the healing period — the time it takes the worker to recover from the injury. An injury is no longer temporary when maximum recovery is reached or when the worker’s condition becomes medically stationary or stable.

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Crabtree v. Beech Aircraft Corp.
625 P.2d 453 (Supreme Court of Kansas, 1981)
Crabtree v. Beech Aircraft Corp.
625 P.2d 453 (Court of Appeals of Kansas, 1980)

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Bluebook (online)
625 P.2d 453, 618 P.2d 849, 5 Kan. App. 2d 440, 229 Kan. 440, 1980 Kan. App. LEXIS 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crabtree-v-beech-aircraft-corp-kanctapp-1980.