WORKERS COMPENSATION APPEALS BOARD
INDEX OF DECISIONS
Table of Contents
[References are to Sections] Revised: 5/10/2000
Copyright 1997, WCABGo to Case Summaries, Keyword Index, Return to Home Page
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Click on the Chapter below or scroll through entire Table of Contents. Chapter I. General Nature of Workers Compensation Liability
Chapter II. Coverage Under the Kansas Workers Compensation Act
Chapter III. Employee-Employer Relationship
Chapter IV. Injuries for Which Compensation Can Be Paid
Chapter V. Effect of Independent Causes After the Original Accident Occurred
Chapter VI. Claims Involving Death of Employee
Chapter VII. Compensation & Benefits
Chapter VIII. Nature & Extent of Disability
Chapter IX. Average Weekly Wage
Chapter X. Administration of Compensation & Proceedings to Secure Compensation
Chapter XI. Workers Compensation Liability
Chapter XII. Insurance Carrier Liability
Chapter XIII. Defenses
Chapter XIV. Post Award Proceedings
Chapter XV. Appeals
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Chapter I. General Nature of Workers Compensation Liability
A. Generally 1.01
B. Constitutional and Historical Background 1.02
C. Workers Compensation Theory 1.03
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Chapter II. Coverage under the Kansas Workers Compensation Act
A. Generally 2.01
B. Employers Included / Excluded 2.02
1. Generally 2.03
2. Election to Come Under the Act 2.04
3. Payroll Requirement 2.05
4. Self Employment 2.06
5. Specific Employments Excluded 2.07
a. Agricultural Pursuits 2.07a
C. The Place the Employment Contract is Created 2.08
D. The Principal Place of Employment 2.09
E. The Place of Injury 2.10
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Chapter III. Employee - Employer Relationship
A. Generally 3.01
B. The Contract of Employment 3.02
1. Generally 3.03
2. Illegal Employment 3.04
3. Employment Conditioned on Passing a Pre-Employment Screening Test 3.04a
4. Falsification of Pre-Employment Application 3.04b
C. Employee Distinguished From Independent Contractor 3.05
1. Generally 3.06
2. Payment of Wage 3.07
3. Right to Control 3.08
4. Tools and Materials, Furnishing 3.09
D. Statutory Employee 3.10
E. Dual Employment 3.11
F. Borrowed Employee 3.12
1. Generally 3.13
2. Control Test 3.14
3. Joint Liability of Lending & Borrowing Employer 3.15
G. Subcontracting 3.16
1. Generally 3.17
2. Liability of Principal 3.18
3. Subcontractor 3.19
H. Multiple Employment 3.20
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Chapter IV. Injuries for Which Compensation Can Be Paid
A. Generally 4.01
B. Definition of Injury 4.01a
1. Natural Aging Process 4.01b
2. Day-to-Day Living Activities 4.01c
C. Injuries Occurring Within the Course of the Employment 4.02
1. Generally, 4.03
2. Injuries Suffered During Civic, Social, Recreational and Company-Sponsored Events 4.04
3. Injuries Suffered During Coffee and Lunch Breaks 4.05
4. Injuries Occurring While Going To Or Coming From Work 4.06
a. Premises Exception 4.06a
b. Special Risk or Hazard Exception 4.06b
5. Injuries Suffered By Employees While On Personal Trips or Tending to Personal Needs 4.07
6. Injuries Suffered by Employees While Traveling for the Benefit of the Employer 4.08
a. Generally 4.09
b. Transportation &/or Accommodations Furnished by Employer 4.10
7. Injuries Suffered While Employee is Attending Work-Related Seminars or Events 4.10a
8. Dual / Mixed Purpose Trips 4.11
9. Injuries Caused by Horseplay among Co-Workers 4.12
10. Injuries Suffered While Employee is Engaged in Prohibited Activities 4.13
11. Injuries Suffered During Periods of Deviation or Abandonment of Employment 4.13a
D. Injuries Arising Out Of The Employment 4.14
1. Generally 4.15
2. Causation 4.16
3. Risks Associated With the Employment 4.17
4. Risks Personal to the Claimant 4.18
5. Risks Having No Personal or Employment Relationship (Neutral Risks) 4.19
a. Generally 4.20
b. Unexplainable Falls 4.21
6. Injuries Caused by Acts of Nature and Forces From Outside the Employment 4.22
7. Injuries Caused by Fights and Assaults 4.23
a. Among Co-Workers 4.24
b. By Insane or Intoxicated Persons 4.25
c. Injuries Caused by Non Co-workers 4.26
8. Injuries Caused by Employees Engaging in Willful Misconduct 4.27
9. Unexplained Deaths 4.28
10. Suicide 4.29
E. Accidents 4.30
1. Generally 4.31
2. Definition of, 4.32
3. Long Period after Exposure, Coupled with Manifestation of Injury 4.33
4. Types of Accidents 4.34
a. Cut 4.34a
b. Damage to an Artificial Member 4.34b
F. Date of Accident 4.35
1. Generally 4.36
2. Last Day Worked: Berry and Condon Rules Analyzed 4.37
3. Date of Accident for Occupational Diseases 4.37a
G. Occupational Diseases 4.38
1. Generally 4.39
2. Occupational Diseases as Distinguished from Ordinary Diseases of Life 4.40
3. Dual Causation 4.41
4. Increased Risk of 4.42
5. Last Injurious Exposure 4.43
6. Types of Diseases Covered 4.44
a. Asthma 4.44a
b. Tuberculosis 4.44b
c. Diabetes 4.44c
d. Multiple Chemical Sensitivity 4.44d
7. Nature & Extent of Work Disability (See Occupational Disease 8.32) 4.44e
H. Natural Consequence of Injury 4.45
1. Generally 4.45a
2. Secondary Injury / New Injury Resulting from Primary Accident 4.46
I. Results of Preexisting Conditions 4.47
1. Generally 4.47a
2. Aggravation of, 4.47b
3. Causal Connection Required 4.47c
J. Specific Types of Injuries 4.48
1. Back & Shoulder Injuries 4.48a
2. Cumulative Injury 4.48b
3. Deafness 4.48c
4. Heart Conditions 4.48d
5. Infection 4.48e
6. Mental & Nervous Injuries 4.48f
7. Carpal Tunnel Syndrome 4.48g
8. Distended Bladder 4.48h
9. Kidney Failure 4.48i
10. Hernia 4.48j
K. Scheduled Injuries 4.49
1. Generally 4.50
2. Repetitive Use 4.51
3. Specific Traumatic Event 4.52
L. Nonscheduled Injuries / General Body Injuries / Injuries to Body as a Whole 4.53
1. Generally 4.54
2. General Body Injury / Injury to Two Scheduled Members 4.55
M. Proof of Injury 4.56
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Chapter V. Effect of Independent Causes After the Original Accident Occurred
A. Generally 5.01
B. Complications & Accidents During Medical Treatment 5.02
C. New Injury Resulting from New & Separate Accident 5.03
D. Intervening Cause 5.04
E. Refusal to Accept Medical Treatment 5.05
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Chapter VI. Claims Involving Death of Employee
(See Also Chapter VII. Compensation & Benefits) A. Generally 6.01
B. Nature of Dependency 6.02
C. Partial Dependency 6.03
D. Special Aspects of Claims of Survivors 6.04
E. Time Requirements 6.05
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Chapter VII. Compensation & Benefits
A. Generally 7.01
B. Medical & Rehabilitation 7.02
1. Generally 7.03
2. Medical Treatment, Types of 7.03a
a. Devises & Apparatuses 7.03b
b. Surgery 7.03c
3. Independent Medical Exam 7.04
4. Disputes Regarding Medical Treatment 7.05
5. Refusal to Accept Medical Treatment / Undergo Surgery 7.05a
6. Medical Fees 7.06
7. Unauthorized Medical Expense Allowance 7.07
8. Neutral Physicians 7.08
9. Right to Designate Treating Physician 7.09
11. Rehabilitation 7.10
C. Disability 7.11
1. Generally 7.12
2. Temporary Total 7.13
3. Permanent Partial 7.14
4. Temporary Partial 7.15
5. Permanent Total 7.16
D. Length of Disability / Disability Lasting at least One Week 7.17
E. Credits and Offsets 7.18
1. Credit for Preexisting Disabilities (See 8.06) 7.19
2. Credit for Compensation from Prior Award / Any Amounts Previously Paid / +/or Overpayments 7.20
3. Offset for Retirement Benefits 7.21
a. Retirement Benefits Defined 7.22
b. Retirement Offset 7.23
c. Offset for Social Security Benefits 7.23a
4. Subrogation Claim in Third Party Action 7.23b
F. Death (See Also Chapter VI. Claims Involving Death of Employee) 7.24
1. Generally 7.25
2. Burial Benefits 7.26
3. Calculation of Death Benefits 7.27
4. Dependents 7.27a
5. Surviving Spouse, Abandonment or Desertion, Proof of Dependency 7.28
6. Wholly Dependent Child / Children 7.28a
7. Benefits Terminated As a Result of Non Work-related Death 7.28b
G. Mileage Reimbursement 7.29
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Chapter VIII. Nature & Extent of Disability
A. Generally 8.01
B. General Body Disability 8.02
1. Generally 8.03
2. Functional Impairment 8.04
a. Generally 8.05
b. Preexisting Functional Impairment 8.06
c. Functional Impairment Ratings 8.07
3. Permanent Total Disability (See Permanent Total 7.16) 8.08
4. Permanent Partial General Disability (See Permanent Partial 7.14) 8.09
5. Work Disability 8.10
a. Generally 8.11
b. Work Disability Test (Pre 1993 Amendments) 8.12
(1). Loss of Access to Labor Market 8.13
(2). Loss of Ability to Earn Work at a Comparable Wage 8.14
(3). Lack of Good Faith by Claimant to Return to Work 8.14a
(4). Presumption upon Return to Work at Comparable Wage / Presumption of
No Work Disability 8.15
(5). Computation of Benefits 8.16
c. Work Disability Test (Post 1993 Amendments) 8.17
(1). Loss of Ability to Perform the Work Tasks During the 15-year Period
Preceding the Accident 8.18
(a). Generally 8.19
(b). Work Task Loss 8.20
(2). Difference Between the Average Weekly Wage Earned Pre-injury and
the Average Weekly Wage Earned Post-injury 8.21
(3). Lack of Good Faith by Claimant in Securing Post-injury Work 8.22
(4). Computation of Benefits 8.23
d. Work Restrictions 8.24
(1). Generally 8.25
(2). Prior Permanent Work Restrictions 8.26
C. Scheduled Injuries 8.27
1. Generally 8.28
2. Permanent Partial Scheduled Disability 8.29
3. Functional Impairment (See Functional Impairment 8.04) 8.30
4. Amputation 8.31
a. Generally 8.31a
b. Healing Period 8.31b
D. Occupational Disease 8.32
E. Psychological Injury 8.33
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Chapter IX. Average Weekly Wage
A. Generally 9.01
B. Computation of, 9.02
1. Generally, (ie. Overtime Issues, Five v. Six Day Workweek) 9.03
2. Self-employed Individuals 9.04
3. Part-time Employment 9.05
4. Full-time Employment 9.06
5. Multiple Employment 9.07
6. Other Types of Employment 9.08
a. Employment Where Money Rate is Fixed by Employee's Output 9.08a
b. Community Service Work 9.08b
7. Temporary Partial Disability, Computation of Weekly Rate 9.08c
C. Additional Compensation 9.09
1. Generally 9.10
2. Types of, 9.11
a. Fringe Benefits 9.11a
b. Meal Allowance 9.11b
c. Health Insurance and Union Dues for Health Insurance 9.11c
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Chapter X. Administration of Compensation & Proceedings to Secure Compensation
A. Generally 10.01
B. Law In Affect At Time Of Injury Governs Proceedings 10.01a
C. Notice of Accident or Injury 10.02
1. Generally 10.03
2. Notice to Employer of Injury 10.04
3. Actual Notice by Employer 10.05
4. Timing of, 10.06
5. Just Cause for Not Reporting in a Timely Manner 10.07
6. Notice for Occupational Diseases 10.07a
D. Written Claims for Compensation 10.08
E. Application for Hearing 10.09
F. Time Limitations & Notice of Hearings & Proceedings 10.10
1. Generally 10.11
2. Notice of Proceedings & Hearings 10.12
a. Generally 10.13
b. Notice of Preliminary Hearings 10.14
c. Notice to Parties of Regular Hearings & Other Proceedings 10.15
3. Time Limitations for Filing Application For Hearing 10.15a
G. Administrative Law Judge (ALJ) 10.16
1. Generally 10.17
2. Authority / Jurisdiction & Discretion of, 10.18
3. Issues Related to, 10.19
a. Generally 10.19a
b. Special Administrative Law Judge 10.19b
c. Delay in Issuance of Orders 10.19c
d. ALJ's Failure to List Specific Findings of Fact in Decision 10.19d
e. Management of Docket 10.19e
f. Deference Given to ALJ's Conclusions 10.19f
H. Burden of Proof 10.20
1. Generally 10.21
2. Defined 10.22
3. Liberal Construction 10.23
4. Claimants 10.24
5. Respondents 10.24a
I. Admission of Evidence. 10.25
1. Generally 10.25a
2. Medical Reports, Testimony & Opinions 10.25b
3. Chemical Tests 10.25c
4. Testimony of Claimant 10.25d
5. Hearsay 10.25e
6. Transcripts 10.25f
7. Surveillance Videos 10.25g
8. Unemployment Records 10.25h
9. Rebuttal Evidence 10.25i
10. Records Not Attached to the Application for Preliminary Hearing or
Otherwise Formally Offered Into Evidence 10.25j
11. Employer Report of Accident 10.25k
12. Business Documents 10.25l
J. Due Process Considerations 10.26
K. Preliminary Hearings 10.26a
1. Generally 10.27
2. Administrative Law Judge (ALJ), Jurisdiction of at Preliminary Hearings (See ALJ 10.18) 10.28
3. Appeals Board, Jurisdiction of at Preliminary Hearings (See Appeals Board 15.27) 10.29
4. Change of Physicians &/or Authorization of Medical Treatment (See Also Change of
Physicians 15.40) 10.30
5. Disability Benefits (See Disability Benefits 15.43) 10.31
6. Medical Benefits (See Medical Benefits 15.42) 10.32
7. Limitation on Number of Preliminary Hearings 10.32a
L. Regular Hearings 10.33
1. Generally 10.33a
2. Stipulations Entered Into at Regular Hearing 10.33b
M. Oral Arguments 10.34
N. Settlements 10.35
1. Generally 10.36
2. Lump Sum Settlements 10.37
a. Best Interests Hearing 10.37a
b. Review & Modification of Lump Sum Settlement Not Permitted 10.37b
O. Penalties, Sanctions & Interest 10.38
P. Attorneys Fees 10.39
Q. Statute of Limitations 10.40
1. Generally, 10.40a
2. Tolling of, (ie. K.S.A. 44-509 -- Incapacitation or Incompetency of Claimant) 10.40b
R. Res Judicata 10.41
S. Bankruptcy Proceedings 10.42
T. Termination of Proceedings 10.43
U. Applicability of the Code of Civil Procedure to Kansas' Workers Compensation Act 10.44
V. Promissory Estoppel 10.45
W. Stipulations 10.46
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Chapter XI. Workers Compensation Fund Liability
A. Generally 11.01
B. Liability Defined 11.02
C. Insolvent Employer 11.03
D. Knowledge of Handicap or Misrepresentation 11.04
E. Reimbursement from 11.05
F. Right to Litigate Issues 11.06
G. Motion to Dismiss the Fund 11.07
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Chapter XII. Insurance Carrier Liability & Insurance Coverage
A. Generally 12.01
B. Notice of Hearings 12.02
C. Which Carrier is Liable / Whether the Board Has Jurisdiction to Decide Insurance Coverage Issues 12.03
D. Insurance Coverage / Whether Board Has Jurisdiction to Review 12.04
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A. Generally 13.01
B. Alcohol or Drug Related 13.02
C. Failure to Use Safety Devices 13.03
D. Intentional Self Injury 13.04
E. Violations of Orders & Rules 13.05
F. Willful Misconduct by Employee 13.06
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Chapter XIV. Post Award Proceedings
A. Generally 14.01
B. Preliminary Hearing Procedures Used for Post Award Proceedings 14.01a
C. Review & Modification 14.02
D. Future Medical 14.03
E. Other 14.04
1. Motion for Reconsideration 14.04a
2. Reopening of Awards 14.04b
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A. Generally, 15.01
1 Payment of Compensation While Appeal is Pending Before the Appeals Board
or Court of Appeals 15.02
a. While Award is Pending 15.03
b. While Preliminary Hearing Order or Other Order is Pending 15.04
2. Application of Pre-1993 Amendments 15.05
3. Application of Post-1993 Amendments '15.06
a. Generally 15.06a
b. Substantive v. Procedural Amendments 15.06b
B. Appeals Board 15.07
1. Generally 15.08
2. Jurisdiction & Authority 15.09
3. Scope of Review 15.10
C. Procedure for Taking Appeal 15.11
1. Generally 15.12
2. Time for Taking Appeal 15.13
3. Application for Review 15.14
4. Notice of Appeal 15.15
5. Record on Appeal 15.16
6. Filing of Briefs / Submission Letters 15.17
7. Consolidation of Dockets on Appeal 15.17a
D. Awards 15.18
1. Generally 15.19
2. Affirm, Reverse or Modify Decision of Administrative Law Judge (ALJ) 15.20
3. Remand for Further Proceedings 15.21
4. Appeals Board's Scope of Review (See Scope of Review 15.10) 15.22
E. Preliminary Hearing Orders 15.23
1. Generally 15.24
2. Affirm, Reverse or Modify Decision of Administrative Law Judge (ALJ) 15.25
3. Remand for Further Proceedings or Specific Findings 15.26
4. Appeals Board's Scope of Review (See Scope of Review 15.10) 15.27
5. Issues Reviewed on Appeal: 15.28
a. Generally 15.29
b. Accidents 15.30
c. "Arising out of" the Employment 15.31
d. During / Within the Course of Employment 15.32
e. Timely Notice 15.33
f. Timely Written Claim 15.34
g. Defenses 15.35
h Other Acts or Orders Exceeding Administrative Law Judge's (ALJ's) Jurisdiction 15.36
6. Issues Not Reviewed on Appeal: 15.37
a. Generally 15.38
b. Vocational Rehabilitation 15.39
c. Change of Physicians and/or Authorization of Medical Treatment 15.40
d. Average Weekly Wage 15.41
e. Medical Benefits 15.42
f. Temporary Total Disability 15.43
g Issues Not Considered Jurisdictional (ie. Nature & Extent; Post Award Application
for Preliminary Hearings; Evidentiary Issues & Insurance Coverage Issues) 15.44
F. Other Orders 15.45
1. Generally 15.46
2. Types of, 15.47
a. Interlocutory Orders 15.47a
b. Nunc Pro Tunc 15.47b
G. Frivolous Appeals 15.48
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