WORKERS' COMPENSATION

Missouri: 

 

On August 22, 2018, Govenor Mike Parson appointed Republican, Robert Cornejo, age 35, of St. Peters, Missouri as chairman of the Labor and Industrial Relations Commission.  Cornejo resigned his position as a Missouri state representative to accept this position.  Cornejo is a 2008 graduate of University of Missouri School of Law.

 

Kansas: 

Pardo v. UPS (No. 116, 842)

On June 1, 2018, the Kansas Court of Appeals held that a portion of the workers’ compensation law requiring the use of the 6th Edition of the AMA Guides was unconstitutional as applied to Pardo.  Pardo had a prior injury to his shoulder and this claim involved a new injury to the same shoulder.  Under the 6th Edition of the AMA Guides, Pardo was denied compensation as he had previously received compensation for that same body part.  The Court remanded the case back to the ALJ to be considered un the 4th Edition of the AMA Guides.

Johnson v. U.S. Food Service (No. 117,725)

 

On August 3, 2018, the Kansas Court of Appeals declared unconstitutional the use of the AMA 6th edition for assigning impairment ratings.  The Court found that, with the adoption of the AMA Guides’ 6th Edition, the Kansas Workers Compensation Act violates due process and no longer provides an adequate remedy for injured workers who suffer permanent impairment on or after January 1, 2015. The decision goes into much detail about the history of workers’ compensation in the state of Kansas.  The Court struck the statutory provisions mandating use of the 6th Edition, effectively reinstating the AMA Guides’ 4th Edition.  The Court remanded the case back to the ALJ for determination of impairment according to the AMA 4th edition. 

McCarthy O’Connor, P.C. represents individuals, insurers, and commercial clients in civil litigation and arbitration involving personal injury, insurance coverage,  professional liability, consumer protection, and commercial disputes.

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