Court Case Update, Kansas - January 2021
InsightsLegal
By NCCI Insights January 14, 2021



On January 8, 2021, the Supreme Court of Kansas, in Johnson v. US Food Service, upheld the constitutionality of workers compensation statute K.S.A. 44-510e(a)(2)(B), which was amended in 2013 to mandate the use of the 6th Edition of the American Medical Association (AMA) Guides from the 4th Edition, to evaluate impairment rating for injuries occurring on and after January 1, 2015. With this decision, the court reversed a 2018 appellate holding that found the statute deprived workers of their right to a fair remedy and violated the state constitution.

Reasoning that it was possible to interpret the statute in a way that would avoid the constitutional question, the court found that the statute was constitutional because the reference to the AMA Guides 6th Edition only supplants the 4th Edition for injuries after 2015 and does not alter the remaining statutory requirement that an impairment rating be “established by competent medical evidence.” The court concluded that the language requiring use of the AMA Guides 6th Edition does not change the legal standard for determining functional impairment. Rather, the use of the AMA Guides 6th Edition merely reflects an update to the most recent set of guidelines, which serve as a starting point for any medical opinion, but the key fact—percentage of functional impairment—must always be proven by competent medical evidence.

For more information on other cases monitored by NCCI’s Legal Division, visit previous Court Case Updates and Court Case Insights, under the Legal section of INSIGHTS on ncci.com.

​This article is provided solely as a reference tool to be used for informational purposes only. The information in this article shall not be construed or interpreted as providing legal or any other advice. Use of this article for any purpose other than as set forth herein is strictly prohibited.



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