Fogle v. Sedgwick County

Rees, J.:

Plaintiff appeals from a workers’ compensation award for permanent partial disability under the scheduled injury section of our Workmen’s Compensation Act (K.S.A. 44-510d). He claims entitlement to permanent partial general disability compensation under K.S.A. 44-510e(a).

Plaintiff, a Sedgwick County fireman, was injured in a fall while fighting a fire on January 13, 1979. His injury, that is, the damage to the physical structure of his body (K.S.A. 44-508[e]), is a damaged eighth cervical or first thoracic nerve root. That damage is at the nerve’s exit from plaintiffs upper spine.…