(Download) "Kober v. Beech Aircraft Corporation" by Supreme Court of Kansas ~ Book PDF Kindle ePub Free
eBook details
- Title: Kober v. Beech Aircraft Corporation
- Author : Supreme Court of Kansas
- Release Date : January 13, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The opinion of the court was delivered by This appeal arises from a proceeding by a workman to recover
compensation for injuries sustained while in employment, the
question being whether the claim was filed within 120 days after
the date of the last payment of compensation as provided by G.S.
1949, 44-520a. For present purposes it may be said that the
claimant received an injury to her back on December 5, 1951, for
which she received treatment. Her last visit to the doctor was on
December 21, 1951, when he told her to return to work on December
26, 1951, which she did. Over 120 days after her last visit to
the doctor, and on April 21, 1952, she filed her claim for
compensation, and the specific question is whether what
transpired after her last visit to the doctor amounted to the
furnishing of medical treatment and constituted payment of
compensation under our decisions. See cases in the annotations to
G.S. 1949, 44-520a, that furnishing medical treatment constitutes
payment of compensation. Following the filing of the claim a hearing was had before an
examiner for the workmen's compensation commissioner at which it
was admitted that the claimant was an employee of the respondent
corporation; that the corporation was operating under the
workmen's compensation act and that the company was its insurance
carrier; that the corporation denied claimant sustained an injury
but if she did the corporation had notice, and at which hearing
it was denied that written claim for compensation was made within
the statutory period. Evidence was received as to the injury, the
treatment of claimant and pertinent matters, which will be later
mentioned insofar as necessary, and at the conclusion thereof the
examiner made and filed his award and decision, which included a
finding that claimant had failed to make written claim for
compensation within the statutory period and for that reason an
award of compensation was denied. This award and decision was
approved by the workmen's compensation commissioner and in due
time the claimant appealed to the district court.