No. 1,034,431. GEORGE RUSSELL PEAVY , Deceased VS. PRICE BROTHERS EQUIPMENT, INC.

• Case Date: January 22, 2010
• Court: Kansas

Kansas Workers Compensation 2010. No. 1,034,431. GEORGE RUSSELL PEAVY , Deceased VS. PRICE BROTHERS EQUIPMENT, INC January 22, 2010 BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATIONDocket No. 1,034,431 GEORGE RUSSELL PEAVY, Deceased Claimant VS. PRICE BROTHERS EQUIPMENT, INC. RespondentAND ZURICH AMERICAN INS. CO. Insurance Carrier ORDER STATEMENT OF THE CASE Respondent and its insurance carrier (respondent) requested review of the September 28, 2009, Award and the October 1, 2009, Nunc Pro Tunc Award entered by Administrative Law Judge John D. Clark. The Board heard oral argument on January 13, 2010. Mitchell W. Rice, of Hutchinson, Kansas, appeared for the dependents of George Russell Peavy (decedent). Ryan D. Weltz, of Wichita, Kansas, appeared for respondent. The Administrative Law Judge (ALJ) found that decedent's death was a direct and natural result of his work-related accident and that his widow and surviving minor child are entitled to death benefits. The ALJ further found that respondent was entitled to a credit for the $125,000 it previously paid decedent in temporary total disability benefits. The Board has considered the record and adopted the stipulations listed in the Award. Issues Respondent contends that it was not proven that decedent's death was a direct and natural result of his work-related accident. In the event the Board finds that decedent's death was a direct and natural result of his work-related accident, respondent asserts that death benefits for his dependents are not recoverable under the Workers Compensation Act because his death did not occur within five years of the precipitating injury. Last, if the Board finds that decedent's death was a direct and natural result of his work-related accident and death benefits are recoverable, respondent requests the Board determine whether it is entitled to a credit against the death benefits for disability compensation paid to decedent before his death. Decedent's dependents assert they are entitled to death benefits, contending that the only medical testimony is to the effect that decedent's death was a direct and natural result of his work-related injury. Further, they contend they are entitled to death benefits notwithstanding that decedent died more than five years after his work-related accident, arguing that to...