Opinion
No. 110,508.
2014-06-27
Betty TURNER, Appellant, v. STATE of Kansas and State Self–Insurance Fund, Appellees.
Dr. Poppa's causation opinion was based not on post hoc reasoning but on his physical examination of Turner after which he concluded, based on his experience, that her neck injury was the kind of injury that arises out of a serious shoulder injury and is a reasonably foreseeable consequence of such an injury. Therefore, I would find that there was “uncontroverted expert medical testimony linking the causation of [Turner's] second injury to [her] primary injury” and that as such, the Board should have found Turner's neck injury to be “the natural and probable consequence of the primary injury.” Casco, 283 Kan. 508 Syl. ¶ 4, 154 P.3d 494. While I join the majority's opinion with respect to the proper weekly compensation rate, I respectfully dissent from the remainder of today's decision.