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Shehane v. Station Casino3/24/2000
Appeal from Workers Compensation Board.
Affirmed in part and remanded with directions.
In this workers compensation case, Station Casino (Station) and its insurance carrier, CNA Insurance Co., appeal an award in favor of Barbara Shehane. Station argues the Kansas Workers Compensation Act (KWCA) does not provide jurisdiction over Shehane and that the Board's award is not supported by substantial competent evidence.
Barbara Shehane is a professional singer/dancer/actor who lives in Prairie Village, Kansas. In early November 1996, she responded to an ad in the newspaper for actors to perform at the Station Casino in Kansas City, Missouri. Shehane auditioned on two separate occasions for Station, both times in an office in Kansas City, Missouri. On November 2, 1996, following the second audition, Rick Hagg, Station's director of casting, called her at home. She was not home and Hagg left a message asking her to call his home in Shawnee, Kansas. Shehane called and obtained further information from Hagg about the pay and other specifics concerning the job. At no time did Hagg tell Shehane that a drug test was required and that if she failed the test, she would not be eligible for the job.
The next day, November 3, 1996, Shehane again called Hagg at his home in Shawnee from her home in Prairie Village. She verbally accepted the job. Again, Hagg made no mention of any drug test being a prerequisite of the hiring process. Shehane was hired to start in November 1996 and to continue until March 1997.
Within a few days, Shehane received a written contract at her home. The contract memorialized the terms of the parties' agreement and had been signed by Station's Director of Entertainment. The contract referenced a "pre-employment drug screening" which was considered a "condition of employment." The contract stated that if Shehane failed to meet the standards set by Station to pass the drug screen, then the "agreement shall be considered canceled and terminated and the offer of employment shall be withdrawn." Shehane signed the contract and returned it to Station. Prior to beginning work with Station, Shehane received a letter indicating she needed to complete a drug screen prior to reporting to work on November 19, 1996. Shehane went toa lab located in Missouri and completed the requested drug screening. She began working at Station on November 19, 1996.
On February 4, 1997, Shehane was walking in an underground tunnel on her way to the employee break room when she slipped and fell, injuring her right elbow and left ankle. She was treated in the emergency room at North Kansas City Hospital. Shehane was referred to Dr. Thomas McCormack for evaluation and treatment. Dr. McCormack treated Shehane for a contusion to her right elbow and a sprain of her left ankle. He provided Shehane with a wooden shoe to protect her foot and ankle and treated her elbow with physical therapy. She saw Dr. McCormack on four occasions that year concluding with a visit on March 31, 1997.
At the visit on March 31, 1997, Dr. McCormack found Shehane had virtually no ankle complaints, was wearing an ankle stirrup, and had improved dramatically. Shehane complained of mild tenderness in her forearm, but Dr. McCormack stated the condition had significantly improved since the initial examination. Dr. McCormack released Shehane from his care, placed no functional impairment or permanent restrictions upon her, and indicated she could return to work on an as needed basis.
Shehane returned to Dr. McCormack on March 16, 1998, for a follow-up examination. At that time, she displayed minor twinges in her left ankle and extreme tenderness over the lateral epicond
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