10.07. Just Cause for Not Reporting in a Timely Manner.
Court | Kansas |
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 [Affirmed by unpublished Court of Appeals opinion,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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