WORKERS COMPENSATION APPEALS BOARD DECISIONS Keyword Index Go to Case Summaries, Table of Contents, Return to Home Page[References are to Sections]
revised 6/8/2000
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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
Generally, 4.30-4.31
Cut, 4.34a
Damage to Artificial Member, 4.34b
Date of, 4.35 - 4.36
- ALJ's Power to Amend Date of Accident, 4.36
- Application of Berry v. Boeing Military Airplanes, 20 Kan. App. 2d 220, 885 P.2d 1261 (1994), 4.37
- Application of Condon v. Boeing Co., 21 Kan. App.2d 580, 903 P.2d 775 (1995), 4.37
- Last Day Worked, 4.37
- Occupational Disease, Date of, 4.37a
Definition of, 4.32
Found Not Compensable Due to Length of Time Between Exposure and Onset of Symptoms, 4.15
Long Period after Exposure, Coupled with Manifestation of Injury, 4.33
Types of Accidents, 4.34
Additional Compensation
Generally, 9.09 - 9.10
Types of, 9.11
- Fringe Benefits, 9.11a
- Health Insurance and Union Dues for Health Insurance, 9.11c
- Meal Allowance, 9.11b
Administration of Compensation & Proceedings to Secure Compensation
Generally, 10.01
Administrative Law Judge (ALJ), See Administrative Law Judge, this index
Appeals, See Appeals, this index
Appeals Board, See Appeals Board, this index
Applicability of the Code of Civil Procedure to the Kansas Workers Compensation Act, 10.44
- When Computing Time to Appeal, 15.13
- When Computing Time to Give Notice of Accident, 10.03
- When Computing Time to Give Notice of Preliminary Hearing, 10.14
Application for Hearing, 10.09
Attorney Fees, 10.39
Awards, See Awards, this index
Bankruptcy Proceedings, 10.42
Burden of Proof, See Burden of Proof, this index
Claims for Compensation, 10.08
Credits for Payments Made, See Credits & Offsets, this index
Due Process Considerations, 10.26
Evidence, Admissibility of in Hearings, 10.25-10.25a; See Also Evidentiary Rulings, this index
Law In Affect At Time Of Injury Governs Proceedings, 10.01a
Lump Sum Settlements, 10.37; See Also Lump Sum Settlements, this index
Modification of Awards, See Review & Modification, this index
Notice, See Notice, this index
Oral Arguments, 10.34
Orders, Types of, 15.45; See also Orders, this index
Penalties, Sanctions & Interest, 10.38
Preliminary Hearings, See Preliminary Hearings, this index
Preliminary Orders, See Preliminary Hearing Orders, this index
Promissory Estoppel, 10.45
Regular Hearings, 10.33
- Generally, 10.33a
- Notice of Regular Hearings, 10.15
- Stipulations Entered Into at Regular Hearings, 10.33b
Reopening of Awards, 14.04b
Res Judicata, 10.41
Settlements, 10.35 - 10.36
Statute of Limitations, 10.40
- Generally, 10.40a
- Tolling of, (ie. K.S.A. 44-509 -- incapacitation or incompetency of claimant), 10.40b
Stipulations, Withdrawal of 10.46
Termination of Proceedings, 10.43
Time Limitations and Notice of Hearings & Proceedings, 10.10
- Generally, 10.11
- Notice of Proceedings & Hearings, 10.12-10.13
-- Notice of Preliminary Hearings, 10.14
-- Notice to Parties of Regular Hearings and Other Proceedings, 10.15
- Time Limitations for Filing Application for Hearing, 10.15a
Administrative Law Judge (ALJ)
Generally, 10.16 - 10.17
Authority / Jurisdiction & Discretion of, 10.18
- At Preliminary Hearings, 10.18; See Also Preliminary Hearings, this index
- To Appoint Neutral Physicians, 10.19a
- To Conduct a Rehearing; Ability to Retain Jurisdiction Over the Original Preliminary Hearing Order, 10.18
- To Reopen Record, 10.19a
Issues Related to, 10.19
- Generally, 10.19a
- ALJ's Decision Ignoring Uncontradicted Evidence, 15.38
- ALJ's Failure to List Specific Findings of Fact in Decision, 10.19d
- ALJ's Power to Amend Date of Accident, 4.36
- Deference Given to ALJ's Conclusions, 10.19f
- Delay in Issuance of Orders, 10.19c
- Management of Docket, 10.19e
-- Reasonable Time Should Be Given For Depositions to be Filed with the ALJ, 10.19e
- Special Administrative Law Judge, 10.19b
Agricultural Pursuits
See Coverage Under the Kansas Workers Compensation Act, this index
ALJ's Use of Guides to Convert Extremity Ratings, 10.25a
Deduction of Preexisting Functional Impairment For a Credit Under 44-510e Must Be Based Upon Guides
Impairment Not Addressed in Guides, 8.05
To Determine Impairment Ratings, 8.07
When Guides Conflict with a Specific Statute, 8.05
Which Version of Guides to Use, 8.05, 8.07
Amputation
Generally, 8.31 - 8.31a
Healing Period, 8.31b
Generally, 15.01
Application of Post-1993 Amendments, 15.06
Application of Pre-1993 Amendments, 15.05
- Generally, 15.06a
- Substantive v. Procedural Amendments, 15.06b
Awards, See Awards, this index
Due Process Considerations, 10.25l
Frivolous Appeals, 15.48
Interlocutory Orders, 15.47a
Nunc Pro Tunc, 15.47b
Payment of Compensation While Appeal is Pending Before the Appeals Board or Court of Appeals, 15.02
- While Award is Pending, 15.03
- While Preliminary Hearing Order or Other Order is Pending, 15.04
Preliminary Hearing Orders, See Preliminary Hearing Orders, this index
Procedure for Taking, 15.11 - 15.12
- Application for Review, 15.14
-- Dismissal of Application For Review, 15.14
- Consolidation of Dockets on Appeals, 15.17a
- Filing of Briefs / Submission Letters, 15.17
- Jurisdiction, See Jurisdiction, this index
- Notice of Appeal, 15.15
- Record on Appeal, 15.16
- Timing of Appeals, 15.13
- Effective Date of ALJ's Decisions, 15.13
- Three Day Mailing Period Does Not Apply, 15.13
Scope of Review, See Appeals Board, this index
Generally, 15.07 - 15.08
Authority / Jurisdiction & Discretion of, 15.09
- De Novo Review, 15.09
- Issues Related to Child Support Not Subject to ALJ or Appeals Board Review, 15.09
- No Authority to Grant Motion for Judgment on Briefs, 15.09
- No Authority to Grant Relief Under K.S.A. 44-5,120 (Fraud & Abuse), 15.09
- No Authority to Reconsider Board Decision, 15.09
- No Authority to Remove ALJ from Proceedings, 15.09
- No Jurisdiction to Review Constitutional Issues, 15.09
- To Review Issues Raised for the First Time On Appeal, 15.09
- To Review Preliminary Hearing Orders, See Preliminary Hearings & Preliminary Hearing Orders, this index
Scope of Review, 15.10
- Review Limited to Cases Involving Justiciable Controversies, 15.10
- Summary Judgments Not Permissible, 15.10
Arising out of Employment
Generally, 4.01, 4.14 - 4.15
Assault & Fights, 4.23
-Co-workers, Among, 4.24
-Insane or Intoxicated Persons, Assault by, 4.25
-Non Co-workers, Injuries Caused by, 4.26
Causation, 4.16
- Nexus Between the Injury & Disability for Which Benefits Are Sought Required, 4.16
- Work Disability Causation: Nexus Between Injury & Wage and Task Loss Required, 8.17
Complications and Accidents During Medical
Treatment, 5.02
Idiopathic Events, 4.18
Natural Acts, 4.22
Neutral Risks, 4.19 - 4.20
- Unexplainable Falls, 4.21
Personal Comfort Doctrine, 4.17
Personal Risks, 4.18
Risks Associated with the Employment, 4.17
Suicide, 4.29
Unexplained Deaths, 4.28
Willful Misconduct, 4.27
Attorneys
Attorney Fees, 10.39
Generally, 9.01et seq.
Additional Compensation, 9.09
- Generally, 9.10
- Types of, 9.11
-- Fringe Benefits, 9.11a
-- Meal Allowance, 9.11b
-- Health Insurance and Union Dues for Health Insurance, 9.11c
As Issue Not Reviewed on Appeal, 15.41
Community Service Work, 9.08b
Computation of, 9.02-3
Employment Where Money Rate is Fixed by Employee's Output, 9.08
Full-time Employment, 9.06
Imputed Wage, 8.14a, 8.22
Leave of Absence, Vacation, Sick Leave, Etc, 9.03
Other Types of Employment, 9.08
Minimum Wage Rate, Use of, 8.22
Multiple Employment, 9.07
Overtime, 9.03
Part-time Employment, 9.05
Self-Employed Individuals, 9.04
Temporary Partial Disability, Computation of Weekly Rate, 9.08c
Generally, 15.18 - 15.19
Affirm, Reverse or Modify Decision of Administrative Law Judge (ALJ), 15.20
Remand for Further Proceedings, 15.21
Scope of Review, 15.22
See Compensation & Benefits, this index
Generally, 3.12 - 3.13
Control Test, 3.14
Joint Liability of Lending and Borrowing Employer, 3.15
Generally, 10.20 - 10.21
Claimants, 10.24
Defined, 10.22
Liberal Construction, 10.23
Placed upon Fund, 10.21
Respondents, 10.24a
Generally, 10.08
Employee's Report of Accident, 10.08
Independent Medical Exams, No Extension of Time Allowed, 10.08
Limits on Amendments to Written Claims, 10.08
Generally, 7.01
Burial, See Death, this index
Credit for Compensation from Prior Award and/or Any Amounts Previously Paid, 7.20;
See Also Credits & Offsets, this index
Death, See Death, this index
Medical & Rehabilitation, 7.02 - 7.03
- Chiropractic Treatment Found Reasonably Necessary, 7.03
- Disputes Regarding Medical Treatment, 7.05
- Future Medical, 14.03
- Independent Medical Exam, 7.04
- Medical Fees, 7.06
- Neutral Physicians, 7.08
- Right to Designate Treating Physician, 7.09
- Types of Treatment, 7.03a
-- Devises & Apparatuses, 7.03b
-- Surgery, 7.03c
- Unauthorized Medical Expense Allowance, 7.07
-- Employer Neglects to Provide Medical Care, 7.07
Mileage Reimbursement, 7.29
Paying Minimum Amount of Compensation Based on Minimum Functional Impairment, 8.05
Rehabilitation, 7.10
See Also Employee, Independent Contractor, Subcontractor, this index
Independent Contractor, 3.05
Course of Employment, During or Within
Generally, 4.01 - 4.03
Civic Activities, 4.04
Coffee Breaks, Accidents during, 4.05
Company -Sponsored Events, 4.04
Complications and Accidents During Medical Treatment, 5.02
Deviations or Abandonment of Employment, 4.13a
Dual / Mixed Purpose Trips, 4.11
Going to and Coming from Work, 4.06
- Integral and Necessary Part of Work, 4.06
- Premises Exception, 4.06a
- Special Risk or Hazard Exception, 4.06b
Horseplay, Accident while Employee Is Engaged In, 4.12
Lunch Hours, 4.05
On-Call Status During Breaks, 4.05
Personal Needs or Trips, Accidents While Engaged In, 4.07
Prohibited Activity, Accident While Engaged In, 4.13
Recreational or Social Activities, 4.04
Seminars or Other Work-Related Events, Injuries Suffered While Attending, 4.10a
Transportation &/or Accommodations Furnished by Employer, 4.10
Travel for The Benefit of Employer, 4.08 - 4.09
Coverage under the Kansas Workers Compensation Act
Generally, 2.01
Coverage for Injuries Sustained Outside the State, 2.01, 2.08, 2.09
Employers Included / Excluded, See Employer, this index
Place of Injury, 2.10
Place the Employment Contract Is Created, 2.08
Principal Place of Employment, 2.09
Specific Employments Excluded from Coverage, 2.07
- Agricultural Pursuits, 2.07a
Generally, 7.18
Credit for Compensation From Prior Award /Any Amounts Previously Paid and/or Overpayments, 7.20
Credit for Preexisting Disability, 7.19, 8.06
- Asymptomatic Preexisting Conditions, 7.19
- Preexisting Functional Impairment Credit, 8.06
Disability Benefits Made Under Private Insurance Company, No Credit Allowed, 7.18
Offset for Retirement Benefits, 7.21 - 7.23
- Retirement Benefits Defined, 7.22
- Retirement Offset, 7.23
Offset for Social Security Benefits, 7.23a
Subrogation Claim in Third Party Action, 7.23b
-Consortium Damages, 7.23b
Generally, 6.01 et seq., 7.24 - 7.25
Benefits Terminated As a Result of Non Work-related Death, 7.28b
Burial Benefits, 7.26
Calculation of Benefit, 7.27
Claim Based upon Loss of Chance of Survival Due to Negligence of Employer, 10.45
Dependents, 7.27a
Lump Sum Remarriage Death Benefit, 7.27
Nature of Dependency, 6.02
Partial Dependency, 6.03
Special Aspects of Claims of Survivors, 6.04
Surviving Spouse, Abandonment or Desertion, Proof of Dependency, 6.04, 7.28
Time Requirements of Claims, 6.05
Unexplained Deaths, 4.28
Wholly Dependent Child/Children, 7.28a
Defenses
Generally, 13.01
Alcohol or Drug Related Conduct, 13.02
"Certain Defenses," 13.01
Intentional Self Injury, 13.04
Misrepresentation of Physical Injury, No Defense, 13.01
Orders and Rules, Violations of, 13.05
Safety Devices, Failure to Use, 13.03
Willful Misconduct by Employee, 13.06
Disability
Generally, 7.11 - 7.12, 8.01
Computation of, See Work Disability & Average Weekly Wage, this index
Functional Impairment, See Functional Impairment, this index
General Body Disability, See General Body Disability, this index
Length of Disability / Disability Lasting at least One Week, 7.17
-Application of Boucher v. Peerless Products, Inc., 21 Kan. App.2d 977, 911 P.2d 198, rev. denied 260 Kan. 991(1996), discussed, 7.17
- Application of Osborn v. Electric Corp. of Kansas City, 23 Kan. App.2d 868, 936 P.2d 297, rev. denied 262 Kan. (1997), discussed, 7.17
- Disablement Need Not be Consecutive Days, 7.17
- Sick Leave Pay is Not "Wages," 7.17
- Temporary Total Disability Restricted Unless Disability Exists Three Consecutive Weeks, 7.17
- Time Missed for Medical Treatment Discussed, 7.17
Nature & Extent of Disability, 8.01 - 8.14a
Situs of Resulting Disability, 8.01
Temporary Partial, 7.15
Temporary Total, 7.13
Work, See Work Disability, this index
Due Process
Generally, 10.26
See Work Disability, this index
Emotional & Psychological Disorders
Generally, 4.48f
Hysteria or Traumatic Neurosis, 4.48f
Nature & Extent of Work Disability, 8.33
Generally, 3.01
See Also Employer, Employment Relationship, Subcontracting, this index
Borrowed Employee, 3.12; See Also Borrowed Employee, this index
Dual Employment, 3.11
Employee Distinguished from Contractor, 3.05
- Generally, 3.06
- Payment of Wage, 3.07
- Right to Control, 3.08
-Tools and materials, furnishing, 3.09
Foster Parents, As Employees, 3.01
Illegal Aliens, 3.04
Statutory Employee, 3.10
Generally, 2.02 - 2.03, 3.01
See Also, Employee, Employment Relationship, Subcontracting, this index
Corporation Found to be Sham for Purposes of Determining Employer - Employee Relationship, 2.03
Election to Come Under The Act, 2.04
Liability as Principal, 3.18
Multiple Employment, 3.20
- Employers' Rights to Reimbursement from Other Employer, 3.20
-Right of Employee to Proceed Against More than One Employer, 3.20
Payroll Requirement, 2.05
Right to Credits and Offsets, 7.18 - 7.23a, See Also Credits &Offsets, this index
Self Employment, 2.06
Specific Employments Excluded, 2.07
- Agricultural Pursuits, 2.07a
Generally, 3.01
See Also Employee, Employer, Subcontracting, this index
Contract for Employment, 3.02
- Generally, 3.03
- Employment Conditioned Upon Passing a Pre-Employment Screening Test, 3.04a
- Falsification of Pre-Employment Application, 3.04b
- Foster Parents, As Employees, 3.01
- Illegal Employment, 3.04
-- Illegal Aliens, 3.04
Corporation Found to be Sham for Purposes of Determining Employer - Employee Relationship, 2.03
Admissibility of Evidence in Hearings, 10.25 - 10.25k
- Business Records/Documents, 10.25l
- Chemical Tests, 10.25c
-- Probable Cause For Taking Drug Test, 10.25c
- Employer Report of Accident, 10.25k
- Hearsay, 10.25e
- IME Report, 10.25b
- Medical Reports, Testimony & Opinions, 10.25b
-- Timely Objection Required, 10.25b
- Polygraph Tests -- Admissibility of, 10.25a
- Rebuttal Evidence, 10.25i
- Records Not Attached to the Application for Preliminary Hearing or Otherwise Formally Offered Into Evidence, 10.25j
- Surveillance Videos, 10.25g
- Testimony of Claimants, 10.25d
- Transcripts, 10.25f
- Unemployment Records, 10.25h
ALJ's Use of Guides to Convert Extremity Ratings, 10.25a
Failure to Make Timely Objection to Admission of, 10.25a
Unexplainable falls, 4. 21
Fringe Benefits
Generally, 9.11a
See Also Average Weekly Wage, this index
Generally, 8.04 - 8.05, 8.30
AMA Guides, See AMA Guides, this index
Functional Impairment Ratings, 8.07
General Body / Nonscheduled Injuries, 8.02 - 8.03
One Physician's Functional Impairment Rating is Not More Credible than Another, 8.07
Paying Minimum Amount of Compensation Based on Minimum Functional Impairment, 8.05
Preexisting Functional Impairment, 8.06
- Credit for Preexisting Functional Impairment, 7.19, 8.06
Scheduled Injuries, 8.31
Fund
Generally, 11.01
Burden of Proof, Placed Upon, 10.21
Employee Misrepresentations, 11.04
Insolvency, Employer, 11.03
Knowledge of Handicap, 11.04
Liability Defined, 11.02
Motion to Dismiss Fund, 11.07
No Liability (After July 1, 1994), 11.02
Reimbursement from, 11.05
Right to Assert Date of Accident as Defense, 11.01
Right to Litigate Issues, 11.06
Future Medical
Generally, 14.03
Use of Preliminary Hearing Procedures for Post-Award Application for Medical Treatment, 14.01a
General Body Disability (Nonscheduled Injuries)
Generally, 4.53 - 4.55, 8.02 - 8.03
Functional Impairment, 8.04 - 8.05
- Preexisting Functional Impairment, 8.06
General Body Injuries / Injuries to Body as a Whole, 4.55
Permanent Partial General Disability, 8.09
Permanent Total Disability, 8.08
Work Disability, See Work Disability, this index
Generally, 4.48d
Heart Amendment, 4.48d
Average Weekly Wage Imputed, 8.14a, 8.17, 8.21- 8.22
Independent Causes, Effects of
Generally, 5.01
Complications & Accidents During Medical Treatment, 5.02
Intervening Cause, 5.04
New Injury Resulting from New & Separate Accident Discussed, 5.03
Refusal to Accept Medical Treatment, 5.05
See Also Employee, Contractor, Subcontracting, this index
Independent Contractor, 3.05
Independent Medical Exam
Generally, 7.04
Admission of Into Evidence, 10.25b
Injury
Generally, 4.01
Accidental, See Accident, this index
Aggravation of, 4.47b
Amputation, 8.31
- Generally, 8.31a
- Healing Period, 8.31b
Back & Shoulder Injuries, 4.48a
- Injury to Trapezius Musculature, 4.48a
Carpal Tunnel Syndrome, 4.48g
Cumulative Injuries, 4.48b
Day-to-Day Living Activities, 4.01c
Deafness, 4.48c
Death, See Death, this index
Definition of, 4.01a
Distended Bladder, 4.48h
Emotional & Psychological Disorders, 4.48f
- Hysteria or Traumatic Neurosis, 4.48f
General Body, 4.53 - 4.55; See Also General Body Disability, Nonscheduled Injuries, this index
- General Body Injury / Injury to Two Scheduled Members, 4.55
Heart Attacks & Conditions, 4.48d
- Heart Amendment, 4.48d
Hernia, 4.48j
Infection, 4.48e
Kidney Failure, 4.48i
Medical Compensation, for Injury, See Compensation & Benefits, this index
Mental & Nervous, 4.48f
- Hysteria or Traumatic Neurosis, 4.48f
Natural Aging Process, 4.01b
Natural Consequence of, 4.45 - 4.45a
- Secondary Injury / New Injury Resulting from Primary Accident, 4.46
New Injury Resulting from New & Separate Accident Discussed, 5.03
Nonscheduled, 4.53 - 4.55
- General Body Injury / Injury to Two Scheduled Members, 4.55
Normal Wear and Tear Injuries Discussed, 4.01a, 4.01b, 4.01c
Occupational Disease, See Occupational Disease, this index
Place of, 2.10
Pre-existing, 4.47
- Aggravation of, 4.47b
- Causal Connection Required, 4.47c
Proof of, 4.56
Scheduled, 4.49 - 4.52
- Generally, 4.49 - 4.50
- Repetitive Use, 4.51
- Specific Traumatic Event, 4.52
Specific Types of Injuries, 4.48
Trauma, 4.52
Insurance Carrier Liability
Generally, 12.01
As Party to Proceedings, 12.01
Notice of Hearings, 12.02
Right to Designate Treating Physician, 7.09
Whether the Board Has Jurisdiction to Decide Insurance Coverage Issues, 12.04, 15.44
Which Carrier is Liable, Whether the Board has Jurisdiction to Decide, 12.03 15.44
Generally, 15.47a
Orders for Independent Medical Examination (IME), 15.47a
Orders for Paternity Tests, 15.47a
Terminal Dates, 15.47a
Intervening Causes & Accidents
Generally, 5.04
Administrative Law Judge, Jurisdiction of, 10.18
- At Preliminary Hearings, 10.28
Appeals Board, Jurisdiction of, 15.09
- To Review Preliminary Hearing Orders, 10.29; See Also Preliminary Hearings, Preliminary Hearing Orders, this index
Generally, 4.43
Generally, 10.37
See Also Administration of Compensation, this index
Best Interests Hearing, 10.37a
Review and Modification Not Permitted, 10.37b
See Compensation & Benefits, this index
Generally, 7.02 - 7.03a
Complications and Accidents During, 5.02
Disputes Regarding Medical Treatment, 7.05
Independent Medical Exam, 7.04
Medical Fees, 7.06
Neutral Physician, 7.08
Refusal to Accept Medical Treatment or Undergo Surgery, 5.05, 7.05a
Right to Designate Treating Physician, 7.09
Types of, 7.03a - Devises and Apparatuses, 7.03b
- Nursing Services Found Not Reasonable, 7.03a
- Surgery, 7.03c
- Transportation Provided, 7.03a
Unauthorized Medical Expense Allowance, 7.07
-Employer Neglects to Provide Medical Care, 7.07
See Review & Modification, this index
Modify Decision of Administrative Law Judge, 14.02, 15.20, 15.25
Motion for Reconsideration
Generally, 14.04a
Of Appeals Board Order, Authority to Review, 15.09
Generally, 4.45 - 4.45a
Secondary Injury / New Injury Resulting from Primary Accident, 4.46
Neutral Risks
Generally, 4.19
Unexplainable Falls, 4.21
See General Body Disability, this index
Notice of Accident or Injury, 10.02
- Generally, 10.03
- Actual Notice by Employer, 10.05
- Just Cause for Not Reporting in a Timely Manner, 10.07
- Notice Given By President of Company or Stockholders, 10.05
- Notice to Employer of Injury, 10.04
Stockholder of Corporation to Himself /Herself, 10.03
- Timing of, 10.06
Notice of Appeal, 15.15
Notice of Occupational Diseases, 10.07a
Notice of Proceedings & Hearings, 10.12
- Generally, 10.13
- Notice of Preliminary Hearings, 10.14
- Notice to Insurance Carriers of Hearings, 12.02
- Notice to Parties of Regular Hearings and Other Proceedings, 10.15
Generally, 15.47b
Generally, 4.38 - 4.39
As Distinguished from Ordinary Diseases of Life, 4.40
Asthma, 4.44a
Diabetes, 4.44c
Dual Causation, 4.41
Increased Risk of, 4.42
Last Injurious Exposure, 4.43
Multiple Chemical Sensitivity, 4.44a
Nature & Extent of Work Disability, 8.32
Tuberculosis, 4.44b
Types of Diseases Covered, 4.44
Generally, 7.18 - 7.23b
See Also Credits & Offsets, this index
Generally, 10.34
Awards, See Awards, this index
Interlocutory Orders, See Interlocutory Orders, this index
Nunc Pro Tunc, See Nunc Pro Tunc, this index
Order Assessing Costs Against Claimant, 15.46
Preliminary Hearing Orders, See Preliminary Hearing Orders, this index
Penalties, Sanctions & Interest
Generally, 10.38
Permanent Partial Disability
Generally, 7.14
Permanent Partial General Disability, 8.09
Permanent Partial Scheduled Disability, 8.29
Permanent Total Disability
Post Award Proceedings
Generally, 14.01
Future Medical, 14.03
Motion for Reconsideration, 14.04a
Preliminary Hearing Procedures Used for Post Award Proceedings, 14.01a
Reopening of Awards, 14.04b
Review & Modification, 14.02
Generally, 4.47 - 4.47a
Accelerated Need for Surgery, 4.47b
Aggravation of, 4.47b
Causal Connection Required, 4.47c
Preexisting Functional Impairment, See Functional Impairment, this index
Generally, 10.26a - 10.27
Administrative Law Judge, Jurisdiction of, 10.28
Appeals Board, Jurisdiction of, 10.29
As Procedures Used for Post Award Proceedings, 14.01a
Change of Physicians, 10.30
Disability Benefits, 10.31
Limitation on Number of Preliminary Hearings, 10.32a
Medical Benefits, 10.32
Notice of Preliminary Hearing, 10.14
Generally, 15.23 - 15.24
Authority / Jurisdiction of Appeals Board, 10.29
- To Affirm, Reverse or Modify Decision of Administrative Law Judge (ALJ), 15.25
- To Remand for Further Proceedings or Specific Findings, 15.26
- Scope of Review, 15.27
Issues Reviewed on Appeal:, 15.28 - 15.29
- Accidents, 15.30
- Acts / orders exceeding Administrative Law Judge's (ALJ's) Jurisdiction, 15.36
- ALJ's Decision Ignoring Uncontradicted Evidence, 15.38
- Arising out of, 15.31
- Course of, During or Within, 15.32
- Defenses, 15.35
- Timely Notice, 15.33
- Timely Written Claim , 15.34
Issues Not Reviewed on Appeal:, 15.37, 15.38
- Average Weekly Wage, 15.41
- Change of Physicians and/or Authorization of Medical Treatment, 15.40
- Issues Not Considered Jurisdictional, 15.44
-- Evidentiary Issues, 15.44
-- Identity of Correct Insurance Carrier, 15.44
-- Insurance Coverage Issues, 15.44
-- Nature & Extent, 15.44
-- Post Award Application for Preliminary Hearing, 15.44
-- Which Insurance Carrier is Liable, 15.44
- Medical Benefits, 15.42
- Temporary Total Disability, 15.43
- Vocational Rehabilitation, 15.39
Procedural v. Substantive Amendments
Generally, 15.06b
See Also Appeals, this index
Application of Post-1993 Amendments, 15.06
Application of Pre-1993 Amendments, 15.05
Due Process Considerations, 10.25l
Utilization and Peer Review Procedures Found to Not be Substantive, 15.06
See Also, Compensation & Benefits, this index
Which Facility to Provide Long Term Care, 7.10
Vocational Rehabilitation, 7.10, 15.39
Reopening of Awards
Generally, 14.04b
Generally, 14.02
See Also Modification of Awards, this index
Review and Modification of Awards Exceeding 415 Week Time Period After Injury, 14.02
Review and Modification of Lump Sum Settlements Not Permitted, 10.37b
Use of Preliminary Hearing Procedures as Part of Post Award Application for Review & Modification, 14.01a
Generally, 4.49 - 4.52, 8.27 - 8.31b
Amputation, 8.31 - 8.31a
- Healing Period, 8.31b
Functional Impairment, 8.30
Permanent Partial Scheduled Disability, 8.29
Repetitive Use, 4.51
Specific Traumatic Event, 4.52
Statute of Limitations
Tolling of, (ie. K.S.A. 44-509 -- incapacitation or incompetency of claimant), 10.40b
Generally, 3.16 - 3.17
See Also Employee, Employer, this index
Liability of Principal, 3.18
Subcontractor, 3.19
Substantive v. Procedural Amendments
Generally, 15.06b
See Also Appeals, this index
Application of Post-1993 Amendments, 15.06
Application of Pre-1993 Amendments, 15.05
Due Process Considerations, 10.25l
Utilization and Peer Review Procedures Found to Not be Substantive, 15.06
Generally, 7.15
Computation of Weekly Rate, 9.08c
Temporary Total Disability
Generally, 7.13
Allowed Under the Scheduled Injury Statute, 7.13
As Issue Not Reviewed on Appeal, 15.43
At Preliminary Hearings, 10.31
Ordered Paid Retrospectively, 7.13
Whether TTD Rights are Limited Following 415 Weeks After the Injury, 7.13
Terminal Dates
Generally, 15.47a
See Also Interlocutory Orders, this index
Extension of Terminal Dates, 15.47a
Unauthorized Medical Expense Allowance
Generally, 7.07
Employer Neglects to Provide Medical Care, 7.07
Utilization & Peer Review Procedures
Found to be Substantive Amendments, 15.06b
Procedures Not Established by Directors's Rules, 11.05
See Work Disability, this index
Generally, 8.10 - 8.11
Application of Copeland v. Johnson Group, Inc. and Travelers Insurance Company, 24 Kan. App.2d 306, 944 P.2d 179 (1997), 8.17, 8.22
Application of Foulk v. Colonial Terrace, 20 Kan. App. 2d 277, 887 P.2d 140 (1994), rev. denied 257 Kan. 1091 (1995), 8.14a, 8.15, 8.17, 8.22
Application of Watkins v. Food Barn, 23 Kan. App.2d 837, 936 P.2d 294 (1997), 8.17
Employee Laid Off Work, 8.11, 8.15
Employee Voluntary Removal from Open Labor Market, 8.15
Falsification of Pre-Employment Application, 8.22
Foulk and Copeland, Rationale Applied Only to Post-Injury Conduct, 8.22
Good Faith Effort to Find Employment, 8.14a, 8.15, 8.17, 8.22
Illegal Aliens & Work Disability Discussed, 8.22
Occupational Disease, 8.32
Performance of Job Without Accommodations, 8.12
Physician Not Required to Calculate Tasks Loss Percentage, 8.17, 8.20, 8.23
Psychological Injury, 8.33
School, Whether Return to School to Learn New Skills Satisfies Good Faith Effort Requirement to Find
Appropriate Employment, 8.22
Termination of Employment for Violation of Company Rules & Policies, 8.15, 8.22
Voluntary Performance of Work Duties Outside Restrictions, 8.11
Work Disability Causation: Nexus Between Injury & Wage and Task Loss Required, 8.17
Work Disability Test (Pre 1993 Amendments), 8.12
- Computation of Benefits, 8.16
- Imputed Wage, 8.14a
- Lack of Good Faith By Claimant to Return to Work, 8.14a
- Loss of Ability to Return to Work at a Comparable Wage, 8.14
- Loss of Access to Labor Market, 8.13
- Presumption Upon Return to Work at a Comparable Wage / Presumption of No Work Disability, 8.15
Work Disability Test (Post 1993 Amendments), 8.17
- Computation of Benefits, 8.23
-- Change in Disability Rate, 8.23
-- Physician Not Required to Calculate Tasks Loss Percentage, 8.17, 8.20, 8.23
- Difference Between the Average Weekly Wage Earned Pre-injury and the Average Weekly Wage Earned Post-injury, 8.21
- Imputed Wage, 8.22
- Lack of Good Faith by Claimant In Securing Post-injury Work, 8.22
- Loss of Ability to Perform the Work Tasks During the 15-year Period Preceding the Accident, 8.18 - 8.19
-- Work Task Loss, 8.20
Work Restrictions, 8.11
Generally, 8.24 - 8.25
See Also Work Disability, this index
Preexisting Permanent Work Restrictions & Work Task Loss Analysis Discussed, 8.20
Prior Permanent Work Restrictions, 8.26
See Also Work Disability, this index
Adequate Foundation for Physician's Testimony Required, 8.20
Breakdown of Job into Individual Tasks Required, 8.20
Duplicative Tasks, 8.20
Physician Not Required to Calculate Tasks Loss Percentage, 8.17, 8.20, 8.23
Preexisting Permanent Restrictions, 8.20
Time-Weighted versus Non Time-Weighted Work Task Loss Analysis Discussed, 8.20
Work Task Loss Analysis, 8.20
Workers Compensation Liability
Generally, 1.01
Constitutionality of Act, 1.02
Exception to General Rule that Negligence is not a Necessary Element of Workers Compensation Claim, 1.01
Historical Background, 1.02
Liberal Construction of Act, 1.03, 10.23
Workers Compensation Theory, 1.03
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