1026648. GERALD E. HICKS.

Case DateJuly 13, 2006
CourtKansas
Kansas Workers Compensation 2006. 1026648. GERALD E. HICKS For Case Summaries go to: Table of ContentsKeyword ListingJuly 13, 2006DOCKET NO. 1,026,648BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION GERALD E. HICKS Claimant VS. BUTLER TRANSPORT, INC. Respondent) Docket No. 1,026,648 AND KANSAS TRUCKERS RISK MGMT GROUP Insurance Carrier ORDER Respondent and its insurance carrier (respondent) requested review of the April 14, 2006 preliminary hearing Order entered by Administrative Law Judge Nelsonna Potts Barnes. Issues The sole issue to be determined in this appeal is whether certain drug testing results are admissible under K.S.A. 44-501(d)(2) thus negating respondent's liability for what is otherwise apparently considered a compensable injury. The Administrative Law Judge (ALJ) concluded that the Federal Drug Testing Custody and Control form offered by respondent and intended to establish that claimant was impaired was not admissible as evidence because respondent did not establish chain of custody beyond a reasonable doubt as required by the statute. The ALJ also concluded that respondent had failed to meet its burden of proving that claimant was impaired, or that impairment from drugs contributed to his injury. Accordingly, the ALJ went on to find that the claimant had established that it is more probably true than not true that he suffered an accidental injury arising out of and in the course of his employment with respondent and was therefore entitled to the benefits he sought. Respondent contends that the ALJ erred in denying the admissibility of its proffered evidence supporting its "impairment defense" pursuant to K.S.A. 2005 Supp. K.S.A. 44-501(d)(2). Respondent argues that the ALJ held the lab and Dr. Tim Ryan to a higher standard than Federal regulations and Kansas criminal law require, and that there is no statutory requirement that the lab's tracking procedures be introduced into evidence to establish an unbroken chain of custody. Respondent therefore, requests that this case be remanded to the ALJ with directions to admit the Federal Drug Testing Custody and Control form (Respondent's Exhibit 2) and the affidavit of Dr. Tim Ryan (Respondent's Exhibit 3) for consideration as evidence. Claimant asserts that the ALJ's Order is well reasoned and should be affirmed...

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