Kansas Appeals Court Strikes Down 2013 Work Comp Change

TOPEKA, Kan. — The Kansas Court of Appeals has struck down as unconstitutional a 2013 change in the state’s workers’ compensation law.

The Lawrence Journal-World reports that a three-judge panel ruled Friday that the change approved by the Legislature in 2013 too severely limits an injured worker’s right to obtain a legal remedy for an injury.

Kansas Attorney General Derek Schmidt’s office did not immediately say whether it plans to appeal to the Kansas Supreme Court.

The case involved Howard Johnson III, who injured his back while working at U.S. Food Service in 2015. His injury occurred after the change took effect on Jan. 1, 2015. The revised law used a version of an American Medical Association guide which greatly reduced the amount of settlements workers could be awarded.

Source: Lawrence (Kas) Journal-World




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