Roberts v. J.C. Penney Co.

Bacon, J.:

Jamie D. Roberts appeals from the ruling of the Workers Compensation Board (Board), which found that K.S.A. 44-519 requires the exclusion of vocational expert testimony regarding the percentage of a claimant’s work disability when that percentage is based on restrictions contained in medical reports generated by an absent, nontestifying, treating physician.

*790Roberts suffered a work-related back injury in February 1990. Following this injury, Roberts continued working, but after a few weeks, she had to stop due to the pain. In September 1990, Roberts was referred to Dr. Roger Jackson…