In the continuing battle in Kansas over the use of the Sixth Edition of the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment, a divided Court of...
Battle Continues in Kansas Over Use of 6th Edition of AMA Guides Battle Continues in Kansas Over Use of 6th Edition of AMA GuidesJettisoning 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...
Recent Kansas AMA Guides Decision: Would the Court Prefer a Fault-Based System? Recent Kansas AMA Guides Decision: Would the Court Prefer a Fault-Based System?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...
Kansas Court Strikes Down Use of AMA Guides 6th Ed. Kansas Court Strikes Down Use of AMA Guides 6th Ed.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...
Kansas Claimants’ Attorneys Face “Catch-22” in Appellate Work Kansas Claimants’ Attorneys Face “Catch-22” in Appellate WorkA 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...
Kansas Worker Gets No Benefits For Early Morning Injuries While Walking to Hotel Kansas Worker Gets No Benefits For Early Morning Injuries While Walking to HotelSaves 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...
Kansas Court Strikes Words “Accidentally” Introduced into Medical Fee Schedule Kansas Court Strikes Words “Accidentally” Introduced into Medical Fee ScheduleOrdinarily, 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,...
Kansas Court Extends Firefighter’s Rule to Bar Tort Recovery by Law Enforcement Officer Kansas Court Extends Firefighter’s Rule to Bar Tort Recovery by Law Enforcement Officer