HERRERA-GALLEGOS v. H & H DELIVERY SERVICE

No. 100,741.

212 P.3d 239 (2009)

Tracy HERRERA-GALLEGOS, Appellee, v. H & H DELIVERY SERVICE, INC., and Commerce & Industry Insurance Company c/o AIG Claims Services, Appellants.

Court of Appeals of Kansas.

July 24, 2009.


Attorney(s) appearing for the Case

Christopher J. McCurdy and James L. MowBray, of Wallace, Saunders, Austin, Brown & Enochs, Chtd., of Overland Park, for appellants.

Randy S. Stalcup, of Affiliated Attorneys of Pistotnik Law Offices, PA, of Wichita, for appellee.

Before STANDRIDGE, P.J., BUSER and LEBEN, JJ.


LEBEN, J.

Tracy Herrera-Gallegos hurt her back badly while moving a heavy box for H & H Delivery. Both the administrative law judge and the Workers Compensation Board concluded that she was permanently and totally disabled, meaning that she was unable to engage in any substantial or gainful employment.

Her employer argues that the Board's decision was based on flawed evidence, that her failure to seek out other employment opportunities negates her right...

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