Workers’ Compensation Cases

Workers' compensation—Application for determination of percentage of permanent partial disability filed without medical evidence in support of application—After claimant's death, widow-claimant files application for payment of compensation accrued at time of death—Industrial Commission does not abuse its discretion in denying application for accrued compensation when there is no evidence upon which an award could be based.

Workers' compensation—Allegation of several violations of specific safety violations including Ohio Adm.Code 4121-1-3-03(J)(1)—Employer required to provide lifelines, safety belts, and lanyards—"Provided," construed—If a worker does not know that certain equipment exists, the employer has not provided it—Industrial Commission does not abuse its discretion where its decision allowing VSSR claim is supported by "some evidence."

Workers' compensation—Application for permanent total disability compensation—Claimant diagnosed with pneumoconiosis years after retirement—Industrial Commission's award of compensation not in error where claimant's condition had not yet arisen or become manifest at the time he withdrew from the labor market.

<bold>1. Workers' Compensation — occupational disease —</bold> <bold>coccidioidomycosis — increased exposure than general public</bold> <block_quote> The Industrial Commission did not err by awarding plaintiff truck driver workers' compensation benefits for an occupational disease under N.C.G.S. § <cross_reference>97-53</cross_reference> for his contraction of coccidioidomycosis<page_number>Page 343</page_number> and finding that plaintiff's work as a truck driver required him to travel to California where he had an increased risk of being exposed to the disease compared to the general public, because: (1) the term "general public" pertains to the general public of North Carolina; and (2) coccidioidomycosis is not generally contracted in North Carolina.</block_quote> <bold>2. Workers' Compensation — occupational disease —</bold> <bold>coccidioidomycosis — exposure during course and scope of</bold> <bold>employment</bold> <block_quote> The Industrial Commission did not err by concluding that there was competent evidence to support its finding that plaintiff truck driver likely was exposed to the occupational disease of coccidioidomycosis in October 1991 while in the course and scope of his employment, because: (1) the fungus is not present in the soil in North Carolina but solely in the southwestern United States, including California where plaintiff's employer required him to carry goods; and (2) although it is possible to be exposed to the spores and have asymptomatic infection which might not become symptomatic until one to three weeks later, plaintiff did not visit his brother who lives in Arizona during his trips in October 1991.</block_quote>

Workers' compensation—Claimant who cannot perform sustained remunerative employment is not required to engage in a job search as a prerequisite to impaired earning capacity eligibility—Claimant's receipt of Social Security disability compensation does not foreclose receipt of impaired earning capacity benefits.

Workers' compensation—Psychiatric condition of an employee arising from a compensable injury or occupational disease suffered by a third party is compensable under R.C. 4123.01(C)(1).

<bold>Workers' Compensation — Causation — fibromyalgia — doctor's opinion</bold> <bold>testimony</bold> <block_quote> The Court of Appeals erred in concluding that competent evidence was presented to support the Industrial Commission's findings of fact with regard to the cause of plaintiff-employee's fibromyalgia based solely on the opinion testimony of one doctor.</block_quote>

Workers' compensation—Claimant who leaves former position of employment for a new position does not forfeit temporary total disability compensation eligibility.

Workers' compensation—Termination of permanent total disability compensation—Where Industrial Commission's decision is supported by some evidence, it cannot be disturbed in mandamus as an abuse of discretion.

SYLLABUS BY THE COURT 1. WORKERS COMPENSATION — <italic>Workers Compensation Board's Review of</italic> <italic>Administrative Law Judge's Decision — Scope of Review</italic>. K.S.A. <cross_reference>44-551</cross_reference>(b)(1) does not limit the Kansas Workers Compensation Board's (Board) scope of review to issues raised in the written request for review. Rather, once a party files a written request for review of the administrative law judge's decision, the Board has the authority to address every issue decided by the administrative law judge. 2. SAME — <italic>Prosethic Device Required as Result of Work-related</italic> <italic>Accident — Costs Associated with Normal Wear and Tear —</italic> <italic>Liability of Employer and Insurer for Costs</italic>. K.A.R. <cross_reference>51-9-2</cross_reference> applies only where the usefulness of an appliance, including a prosthetic device, is destroyed by a specific accident. K.A.R. <cross_reference>51-9-2</cross_reference> does not apply where a prosthetic device becomes damaged through normal wear and tear. Costs associated with normal wear and tear are the responsibility of the employer and its insurance carrier at the time of the original accident.

Workers' compensation—Denial of application for temporary total disability compensation by Industrial Commission not an abuse of discretion, when—Claimant who chooses to leave former position of employment for reasons unrelated to the industrial injury forfeits temporary total disability compensation eligibility.