History:
L. 1993, ch. 286, § 19; Repealed, L. 1995, ch. 1, § 6; January 26.
CASE ANNOTATIONS
1. Whether ALJ order filed prior to October 1, 1993, should be reviewed in accordance with pre-1993 amendment procedures examined. McClure v. Rodricks, 20 Kan. App. 2d 102, 104, 883 P.2d 1228 (1994).
2. Whether workers compensation board selected by private organizations is an unconstitutional delegation of legislative power examined. Sedlak v. Dick, 256 Kan. 779, 780, 792, 887 P.2d 1119 (1995).
3. Whether workers compensation board has authority to substitute its judgment for ALJ's decision in reviewing administrative decisions examined. Helms v. Tollie Freightways, Inc. 20 Kan. App. 2d 548, 550, 889 P.2d 1151 (1995).
4. Date of accident for micro-trauma injury was earlier than last day worked; disability computed under pre-1993 amendments. Condon v. Boeing Co., 21 Kan. App. 2d 580, 587, 903 P.2d 775 (1995).
5. Amendment (K.S.A. 44-556) authorizing workers compensation board to replace district court in reviewing ALJ decisions is constitutional. Gleason v. Samaritan Home, 260 Kan. 970, 990, 926 P.2d 1349 (1996).
Sedlak v. Dick, 887 P.2d 1119 (Kan. 1995). · cites it 17דWoodworth, and John Ratliff challenge the constitutionality of two provisions of the Workers Compensation Act as revised in 1993, K.S.A. 44-555b and K.S.A. 44-556. These sections establish the Workers Compensation Board (Board), provide for Board members to be selected by one…”
Gannon v. State, 372 P.3d 1181 (Kan. 2016). · cites it 2דIt points out that while CLASS contained a nonseverability clause— K.”
Gleason v. Samaritan Home & Church Mut. Ins., 926 P.2d 1349 (Kan. 1996). · cites it 2ד2d 1119 (1995), we held that the provisions of K.S.A. 44-555b, providing for the appointment of the Board’s members, was a constitutionally impermissible delegation of legislative authority.”
Rios v. Bd. of Pub. Utils. of Kansas City, 883 P.2d 1177 (Kan. 1994). · cites it 2דK.S.A. 44-555b(a) established the Board. Under the Workers Compensation Act, the Board has exclusive jurisdiction to review all decisions, findings, orders, and awards of compensation of ALJ’s.”
Helms v. Tollie Freightways, Inc., 889 P.2d 1151 (Kan. Ct. App. 1995). · cites it 3דThe Board may review questions of both law and fact, K.S.A. 44-555b(a), and its decisions are appealable directly to the Court of Appeals, which is limited to reviewing questions of law.”
Condon v. Boeing Co., 903 P.2d 775 (Kan. Ct. App. 1995). “K.S.A. 44-555b(a). The ultimate issue on appeal is whether the Board’s findings are supported by substantial competent evidence.”
Helms v. Pendergast, 899 P.2d 501 (Kan. Ct. App. 1995). “On any such review, the board shall have authority to grant or refuse compensation, or to increase or diminish any award of compensation or to remand any matter to the administrative law judge for further proceedings.”
McClure v. Rodricks, 883 P.2d 1228 (Kan. Ct. App. 1994). · cites it 2דThe district court relied upon the enactment of K.S.A. 44-555b and changes in K.S.A. 44-556.”
— K.S.A. § 44-555b(a) — 5 cases
Rios v. Bd. of Pub. Utils. of Kansas City, 883 P.2d 1177 (Kan. 1994). “K.S.A. 44-555b(a) established the Board. Under the Workers Compensation Act, the Board has exclusive jurisdiction to review all decisions, findings, orders, and awards of compensation of ALJ’s.”
Helms v. Tollie Freightways, Inc., 889 P.2d 1151 (Kan. Ct. App. 1995). “The Board may review questions of both law and fact, K.S.A. 44-555b(a), and its decisions are appealable directly to the Court of Appeals, which is limited to reviewing questions of law.”
Gleason v. Samaritan Home & Church Mut. Ins., 926 P.2d 1349 (Kan. 1996). “2d 1119 (1995), we held that the provisions of K.S.A. 44-555b, providing for the appointment of the Board’s members, was a constitutionally impermissible delegation of legislative authority.”
Condon v. Boeing Co., 903 P.2d 775 (Kan. Ct. App. 1995). “K.S.A. 44-555b(a). The ultimate issue on appeal is whether the Board’s findings are supported by substantial competent evidence.”
McClure v. Rodricks, 883 P.2d 1228 (Kan. Ct. App. 1994). “The district court relied upon the enactment of K.S.A. 44-555b and changes in K.S.A. 44-556.”
— K.S.A. § 44-555b(e) — 1 case
Sedlak v. Dick, 887 P.2d 1119 (Kan. 1995). “Woodworth, and John Ratliff challenge the constitutionality of two provisions of the Workers Compensation Act as revised in 1993, K.S.A. 44-555b and K.S.A. 44-556. These sections establish the Workers Compensation Board (Board), provide for Board members to be selected by one…”
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