10.07. Just Cause for Not Reporting in a Timely Manner.

CourtKansas
Kansas Workers Compensation Settlement Reporter 10.07. Just Cause for Not Reporting in a Timely Manner SummariesChapter 1010.07 Just Cause for Not Reporting in a Timely MannerSee Also,Swayne v. Cates Service Co., Docket No. 265,630. (September 2004). See Also,Roe v Marley Cooling Tower Company, Docket No. 1,010,496 (December 2003). January 2003. (Order) A letter mailed to respondent by claimant 83 days after the date of accident fails to satisfy the just cause 75 day time limit of K.S.A. 44-520. Marconette v. Goodart Construction, Docket No. 1,006,107 (January 2003). November 1999. (Ph) The Board found there was just cause for failure to give notice within ten days as required by K.S.A. 44-520 where injury occurred gradually and even though claimant knew work caused pain, claimant thought pain was simply from old age or arthritis and not a compensable workers compensation injury. Fleming v. Ridgeway Controls, Inc., Docket No. 244,331. See Also, Schneweis vs. Barton County, Docket No. 261,145 (August 2001). July 1999. (Ph) Just cause exists when circumstances are such that a worker does not realize their injury or illness is related to their work. Sauerwein v. Sedgwick County Area Educational Services Interlocal Coop (SCAES), Docket No. 233,967. June 1999. (Ph) Just cause found for claimant's failure to give timely notice in 10 days where evidence supports finding that claimant was not aware he sustained a work-related injury to his hands and wrists. Johnson v. Doctor's Lawn and Landscape, Docket Nos. 241,836 and 242,699. See Also,Turner D. Hubbard vs. Deffenbaugh Industries, Inc., Docket 250,432 (April 2000). May 1999. (Ph) Just cause not found for claimant's failure to give timely notice in 10 days where claimant's credibility is questioned as his explanations do not fit with the facts before the court. Lewis v. Ben Schreniner Construction, Docket No. 239,613. February 1999. (Award) Just cause found for claimant's not giving timely notice where claimant argued she was never told by respondent of the notice requirements associated with workers compensation. Westfall v. Kelly Services, Docket No. 202,398. [Affirmed by unpublished Court of Appeals opinion, Docket No. 82,782, December 23, 1999.] January 1999. (Ph) Claimant suffered a single, traumatic injury not a series of repetitive traumas or overuse-type injury. The absence of a Spanish speaking supervisor alone does not constitute just cause for failure to give notice of accidental injury within 10 days where claimant knew of the requirements to immediately report accidents and could have done so through a bi-lingual co-worker like he did over 40 days later. Additionally, claimant's testimony that his symptoms worsened does not by itself establish an each and every day aggravation of the accidental injury so as to extend his time for giving notice, especially where claimant initially suffered injury by a single traumatic event. Just cause is not found, therefore, to extend the time for claimant to give notice of the work-related accident pursuant to K.S.A. 44-520. Macias v. Ritchie Paving, Inc, Docket No. 237,417. November 1998 (Ph) Just cause for not reporting notice within 10 days not found where the claimant contradicts himself in sworn testimony and is not found to be a credible witness. Gott v. Oxford Transportation Service, Inc, Docket No. 223,098. See Also, McMinn v. Forshee Paint Company, Docket No. 234,911 (November 1998). October 1998. (Ph) Where there is a finding of just cause for not giving notice within 10 days, claimant's time is extended to 75 days, not 10 days from the date just cause exists. Bain v. Cormack Enterprises, Inc, Docket No. 222,967. [Affirmed by Supreme Court in Docket No. 82,200, July 9, 1999]. ----- Under McIntyre v. A.L. Abercrombie, Inc , 23 Kan. App.2d 204, 929 P.2d 1386, intervening Saturdays, Sundays and holidays should be excluded when computing the 10 day notice requirement of K.S.A. 44-520. Id. August 1998. (Ph) Just cause not found for claimant's failure to provide notice of accident to...

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