APAC Kansas, Inc. v. Smith

THOMAS H. NEWTON, Judge.

In 2002, Ms. Earlene Smith was employed by APAC Kansas, Inc. (APAC). She was engaged in heavy construction work for APAC, which included driving a truck, putting up signs, shoveling asphalt and dirt, and directing traffic. She was injured on the job when a disgruntled driver attacked her. Ms. Smith sustained injuries to her right knee, left shoulder, and head. In subsequent months, Ms. Smith complained of pain in her lower back.

Ms. Smith had several preexisting work injuries. In 1985, she injured her right knee while working in construction. She settled a workers’…