[DOWNLOAD] "Pyeatt v. Roadway Express" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: Pyeatt v. Roadway Express
- Author : Supreme Court of Kansas
- Release Date : January 03, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The opinion of the court was delivered by After claimant injured his back on the job, he gave his
employer notice of the injury and filed a claim for workers'
compensation. Claimant returned to work and injured his back a
second time. Claimant gave notice of the second injury, but
failed to file a claim for that injury. Three preliminary
hearings
[243 Kan. 201]
were held. At each of the preliminary hearings, evidence of both
injuries was introduced, and at the conclusion of each of the
preliminary hearings, the judge ordered the employer to pay
compensation for temporary total disability and to provide
medical treatment for both accidents. At the hearing to determine
the claimant's disability compensation, the employer alleged
that, because the claimant had failed to file a claim for the
second injury, the statute of limitations barred recovery for the
second injury. The employer also contended that, because the
claimant had failed to prove what percentage of his disability
resulted from the first accident, he was barred from all
recovery. The administrative law judge agreed. Because the
technical rules of procedure did not apply, the Director of
Workers' Compensation reversed the administrative law judge,
finding that the respondent had sufficient notice of the claim
for the second accident, and awarded compensation for both
injuries. On appeal, the district court affirmed the Director.
The employer appealed. The Court of Appeals, in an unpublished
opinion, held that claimant's failure to file a claim for the
second injury, pursuant to K.S.A. 44-520a(a), precluded him from
receiving benefits for the second injury, even though extensive
proof of the second accident was offered at the administrative
hearing. We granted review and reverse the Court of Appeals and
affirm the district court.