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MARTINEZ v. EXCEL CORP.

No. 90,326.

32 Kan.App. 2d 139 (2003)

79 P.3d 230

BERNARDO MARTINEZ, Appellee, v. EXCEL CORPORATION, Appellant.

Court of Appeals of Kansas.

Opinion filed November 26, 2003.

Attorney(s) appearing for the Case

D. Shane Bangerter, of Rebein & Bangerter, PA, of Dodge City, for appellant.

Stanley R. Ausemus, of Stanley R. Ausemus, Chartered, of Emporia, for appellee.

Before RULON, C.J., GREEN, J., and STEPHEN D. HILL, District Judge, assigned.

GREEN, J.:

Excel Corporation appeals from an award by the Workers Compensation Board (Board) to Bernardo Martinez for work-related injuries. Excel argues that the Board erred in determining that Martinez' refusal to undergo carpal tunnel surgery was reasonable within the meaning of K.A.R. 51-9-5. The issue before this court is whether there was substantial competent evidence to support the Board's decision. Because expert testimony revealed that there were significant...

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