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Bauder v. Alaska Airlines8/2/2002
t on June 5, 1991 and worked that summer. He also commercially fished for one or two weeks. After the summer season ended, Mr. Bauder was laid off and he returned to college in the fall.
In May of 1992, Mr. Bauder again resumed working for Alaska Airlines as a part-time ramp agent until being furloughed after the summer season ended. Mr. Bauder returned to the University of North Dakota for the fall semester.
When Mr. Bauder came home to Sitka for the Christmas holidays in 1992, he worked for Alaska Airlines for approximately 10 days. And, as was now becoming a pattern, he returned to work for the airline in the summer of 1993.
Mr. Bauder injured his lower back while loading boxes of fish into the belly of an airplane on July 24, 1993. He sought treatment from Dr. Donald Funk, who recommended physical therapy and released him to return to work provided the work was not strenuous. Mr. Bauder did light duty work until he was again laid off after the summer season on September 7, 1993.
Rather than returning to North Dakota for school that fall, Mr. Bauder went to Denver, Colorado to attend a school-sponsored internship with United Airlines. In Colorado, Mr. Bauder sought treatment for his back from Dr. Jeffrey Kleiner. Dr. Kleiner diagnosed the problem as "a left-sided sacroiliac joint arthropathy or sprain." After several visits, Dr. Kleiner told Mr. Bauder that he might have to have surgery.
Mr. Bauder's internship ended in December of 1993, and Dr. Kleiner released him to do light work on December 15, 1993. On the same day, he returned to work for Alaska Airlines for the holiday season, and as was usual, after the season ended he was laid off in mid- January.
Dr. Bill Boettcher is a Seattle orthopedic surgeon. He performed the 1985 surgery on Mr. Bauder's back when he was injured in high school. On January 18, 1994, Mr. Bauder went to Dr. Boettcher because of recurrent problems with his back. Dr. Boettcher diagnosed the problem as being spondylolisthesis, or a separation of the vertebrae in the lumbar region, and referred him to another doctor, Dr. Edwin Lauren. On February 4, 1994, Dr. Laurnen performed a fusion of the separated vertebrae in Mr. Bauder's back. After the operation, Mr. Bauder was ordered to rest at home.
When Mr. Bauder was first injured in July of 1993, he filled out a workers' compensation injury report. After the operation, Mr. Bauder was eligible for temporary total disability benefits. A claim examiner calculated Mr. Bauder's temporary total disability benefit as $157.34 a week. Mr. Bauder questioned the amount of his disability benefit from the beginning.
Mr. Bauder was eventually released to go back to work provided the work was sedentary. Then on April 28, 1994, Dr. Laurnen released Mr. Bauder to do light work. Mr. Bauder was able to return to work at Alaska Airlines performing light work on March 14, 1994. His workers' compensation benefits stopped on March 13, 1994.
On May 25, 1994, Dr. Laurnen told vocational rehabilitation counselor Denise Van Der Pol that it was not in Mr. Bauder's best interest to continue to work as a ramp service agent. Dr. Laurnen recommended that Mr. Bauder find light work activities that would not put excessive stress on his back. Also, about this time, Alaska Airlines did not have further light duty work available and Mr. Bauder was put on sick leave status. After his sick leave and vacation benefits were used, Mr. Bauder was put on medical leave. Again Mr. Bauder began receiving temporary total disability payments.
In the fall of 1994, Mr. Bauder returned to North Dakota to complete his final yea
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