Tag Archives: Kansas

Recent Kansas AMA Guides Decision: Would the Court Prefer a Fault-Based System?

Jettisoning the Bath Water—Does the Baby Remain? As someone who has, for the past 32 years, earned the bulk of his living reading—I’ll admit, often only skimming—some 2,500 appellate decisions each year in our field of workers’ compensation law, and … Continue reading

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Kansas Court Strikes Down Use of AMA Guides 6th Ed.

Decision Reinstates 4th Edition for Workers’ Comp Disputes In a decision that quotes, among other authority, Linda Loman, wife of Willy Loman, of Arthur Miller’s Death of a Salesman, the Court of Appeals of Kansas earlier today struck down as … Continue reading

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Kansas Claimants’ Attorneys Face “Catch-22” in Appellate Work

No Provision for Court-Ordered Fees on Appeal The Court of Appeals of Kansas recently reiterated that because of what amounts to a “Catch-22” in state law and appellate rules, an attorney representing a workers’ compensation claimant may not be awarded … Continue reading

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Kansas Worker Gets No Benefits For Early Morning Injuries While Walking to Hotel

A Kansas roofer, who sustained catastrophic injuries when he was struck by a drunk driver as the roofer walked from a bar to his hotel at 2:20 a.m., could not recover workers’ compensation benefits for his injuries.  The roofer’s injuries … Continue reading

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Kansas Court Strikes Words “Accidentally” Introduced into Medical Fee Schedule

Saves Hospital $600,000 in Lost Reimbursement Stressing that a rule or regulation adopted by an administrative agency can only be given binding legal effect if the agency complies with the full requirements of the state’s Rules and Regulations Filing Act … Continue reading

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Kansas Court Extends Firefighter’s Rule to Bar Tort Recovery by Law Enforcement Officer

Ordinarily, workers are free to pursue civil actions against third parties whose negligence causes work-related injuries. One exception, however, is the so-called “firefighter’s rule,” adopted in a number of states, that holds that a firefighter should be precluded from recovery … Continue reading

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