On Friday, June 8, 2018, the Kansas Supreme Court decided Atkins v. Webcon and signaled an important change for determining whether accidents that occur while workers are out of town for employment-related purposes are compensable.
The relevant facts of the case are that the claimant and others were required to travel and stay in Enid, Oklahoma on a construction project. They took a company vehicle and their accommodations were provided by the employer. The hotel in which claimant and other co-workers were staying, though, was without a hotel bar. Claimant ventured across the street and went to a hotel that did have a hotel bar. He stayed until past two in the morning before attempting to cross the street to his hotel. Unfortunately, he was struck by a car driven by an intoxicated driver and sustained severe injuries.
Kansas Court of Appeals Rules the 6th Edition of The AMA Guides is Unconstitutional as to Francisco Pardo
On Friday, June 1, 2018, the Kansas Court of Appeals published its decision in Francisco Pardo v. UPS. This case had been the subject of great scrutiny, as the issues raised challenged the very constitutionality of the Kansas Workers Compensation Act.
Mr. Pardo suffered a rotator cuff injury in 2013 in a work-related accident. In March 2015, he injured the same shoulder in a separate work-related accident. The second injury was not related to the first injury and involved a different part of the rotator cuff than was previously injured.