injury rule in Kansas

2009The secondary injury rule provides “that when a primary injury under the Workmen’s Compensation Act is shown to have arisen out of and in the course of employment every natural consequence that flows from the injury, including a new and distinct injury, is compensable if it is a direct and natural result of a primary injury.” Jackson v. Stevens Well Service, 208 Kan. 637, 643 , 493 P.2d 264 (1972). *726 Dr. Delgado testified that it was Goodell’s pathology and the nature of her original injury that caused him to find that she had a permanent injury to her back.

2009The secondary injury rule provides “that when a primary injury under the Workmen’s Compensation Act is shown to have arisen out of and in the course of employment every natural consequence that flows from the injury, including a new and distinct injury, is compensable if it is a direct and natural result of a primary injury.” Jackson v. Stevens Well Service, 208 Kan. 637, 643 , 493 P.2d 264 (1972). *726 Dr. Delgado testified that it was Goodell’s pathology and the nature of her original injury that caused him to find that she had a permanent injury to her back.

2009As for the scheduled versus nonscheduled injury issue, the Casco court overruled the parallel injury rule established in Honn v. Elliott, 132 Kan. 454 , 295 P. 719 (1931), which permitted a claimant to “receive compensation based on a permanent partial general disability rather than scheduled injuries if the claimant simultaneously injures parallel members.” Casco, 283 Kan. at 523, 527 .

2009As for the scheduled versus nonscheduled injury issue, the Casco court overruled the parallel injury rule established in Honn v. Elliott, 132 Kan. 454 , 295 P. 719 (1931), which permitted a claimant to “receive compensation based on a permanent partial general disability rather than scheduled injuries if the claimant simultaneously injures parallel members.” Casco, 283 Kan. at 523, 527 .

2024A person does not suffer an actual injury denying them of access to the courts when a law library policy is merely "subpar in some theoretical sense." 518 U.S. at 351 .

2010Mitchell v. Petsmart, Inc., 41 Kan.

2010Therefore, the panel concluded the Roard did not err in determining the dates of accident for each of Mitchell’s repetitive trauma injuries were separate and distinct from the date of accident for his initial thumb injury. 41 Kan.

2007Although the Court of Appeals did not specify what the calculation should be, it implied that the ALJ’s award for permanent partial general disability is correct. 34 Kan.

2007One year later, this court limited the application of the secondary injury rule in Stockman v. Goodyear Tire & Rubber Co., 211 Kan. 260 , 505 P.2d 697 (1973).

2007One year later, this court limited the application of the secondary injury rule in Stockman v. Goodyear Tire & Rubber Co., 211 Kan. 260 , 505 P.2d 697 (1973).

2007If the secondary injury rule had not applied, the claimant’s failure to timely notify his employer of the back injury would have precluded compensation. 268 Kan. at 358 .

2007If the secondary injury rule had not applied, the claimant’s failure to timely notify his employer of the back injury would have precluded compensation. 268 Kan. at 358 .

2005Although the Michigan Crime Victims Reparations Act does not use the term “contributory misconduct,” its interpretation of “contributed to the infliction of his injury” provides further guidance in this case, as K.A.R. 20-2-8 provides the claim may be reduced if the claimant “has contributed to the injury for which the claim is made.” In McMillan v. Crime Victims Compensation Bd., 155 Mich. App. 358 , 399 N.W.2d 515 (1986), the claimant was shot in the leg, while in an unlicenced bar (a misdemeanor), after he asked a woman to dance and commented on the obscene language her husband used in resp

2005Although the Michigan Crime Victims Reparations Act does not use the term “contributory misconduct,” its interpretation of “contributed to the infliction of his injury” provides further guidance in this case, as K.A.R. 20-2-8 provides the claim may be reduced if the claimant “has contributed to the injury for which the claim is made.” In McMillan v. Crime Victims Compensation Bd., 155 Mich. App. 358 , 399 N.W.2d 515 (1986), the claimant was shot in the leg, while in an unlicenced bar (a misdemeanor), after he asked a woman to dance and commented on the obscene language her husband used in resp

1996In Crockett, 247 Kan. at 439 , we said: “Clark does not extend the statute of limitations for wrongful death actions, but, instead, limits it to not more than two years from the date of death.” Crockett involved a wrongful death action alleging medical malpractice against a nursing home and a doctor.

1996On July 1, 1987, the amendments to K.S.A. 12-105b (Ensley) became effective and required a plaintiff to give the City formal notice of a claim and to receive the denial of that claim in whole or part before commencing a suit. 245 Kan. at 426 .

1994Both prongs of the substantial injury test are subject to the ten-year ‘discovery’ rule.” 250 Kan. at 698 .

1994The natural and probable consequences approach has been developed in a series of five cases: Rankin v. Farmers Elevator Mutual Insurance Company, 393 F.2d 718 (10th Cir. 1968); Spivey v. Safeco Ins.

1963The negligence found must have been the proximate or legal cause of the injury to bar recovery. ( Rowell v. City of Wichita, 162 Kan. 294, 300 , 176 P.2d 590 .) The answer given by the jury in the instant case in response to question No. 4 was nothing more than a definition of negligence, and under these circumstances it must be considered a conclusion of law.

1963The negligence found must have been the proximate or legal cause of the injury to bar recovery. ( Rowell v. City of Wichita, 162 Kan. 294, 300 , 176 P.2d 590 .) The answer given by the jury in the instant case in response to question No. 4 was nothing more than a definition of negligence, and under these circumstances it must be considered a conclusion of law.

1915A case somewhat-like the present was Hoffman v. Accident Indemnity Co., 56 Mo. App. 301 .