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RILEY v. NATIONAL MILLS4/29/1994
In this workers compensation case, the mother, brother, and sisters of Patrick Riley, deceased, appeal, contending K.S.A. 1992 Supp. 44-510b is unconstitutional because it violates the Equal Protection Clause of the 14th Amendment to the United States Constitution and the Due Process Clause of § 18 of the Kansas Constitution Bill of Rights.
This is a companion case to Karhoff v. National Mills, Inc., 18 Kan. App. 2d 302, 851 P.2d 1021 (1993), in which we held an attempt by the heirs of Riley to bring a wrongful death action against his employer, National Mills Inc., was barred because the exclusive remedy was workers compensation. We specifically held that K.S.A. 1992 Supp. 44-501(b) and K.S.A. 1992 Supp. 44-510b do not violate § 18 of the Kansas Constitution Bill of Rights. 18 Kan. App. 2d 302, Syl. 7.
The claimants here were the appellants in Karhoff. The due process argument they raise here was resolved against them in Karhoff. That decision is a final and binding resolution of the due process issue. It will not be considered here.
The facts are undisputed. Riley's death arose out of and in the course of employment with National Mills, Inc. This required his employer and its insurance carrier, Hartford Accident & Indemnity, to be responsible for payment of the statutory workers compensation benefits.
These benefits were the payment of Riley's medical expenses pursuant to K.S.A. 1992 Supp. 44-510(a); statutory burial allowance of $3,200 under K.S.A. 1992 Supp. 44-510b(f); and, pursuant
to K.S.A. 44-570, the payment of $18,500 to the Commissioner of Insurance to the credit of the Workers Compensation Fund because there were no dependents entitled to compensation.
The claimants' equal protection argument is that K.S.A. 1992 Supp. 44-510b is unconstitutional because it provides a remedy for an employee with dependents, but does not provide a like remedy for an employee without dependents. The claimants theorize that although Riley would have been entitled to benefits equal to any other worker had he been injured, his heirs are denied any remedy as a result of his death. They argue he should be treated equally with other employees regardless of his marital status, lack of children, or lack of dependents.
The claimants contend there is no rational basis for this disparity in treatment and that the State of Kansas has no right to compensation as a result of Riley's death when his family or heirs receive nothing. Claimants contend they should be entitled to receive $200,000 under the Workers Compensation Act.
It should be noted that if the claimants were in fact Riley's dependents (and they have specifically not disputed the factual finding made by the ALJ and upheld by the Director that the mother, brother, and sisters are not dependents), the most they could have received under the statutory scheme would be $18,500. See K.S.A. 1992 Supp. 44-510b(a)(4) and (d).
The Kansas Workers' Compensation Handbook § 8.03, p. 8-1 (rev. ed. 1990) teaches us that " he payment of compensation in a death case is limited to those persons who qualify as dependents." See also 2 Larson, Workmen's Compensation Law § 62.00 et seq. (1994) (the analysis of almost all dependency cases is a weighing of two factors: claimant's compliance with statutory requirements of relationship to the deceased and dependency in fact).
We have held for many years in Kansas that our compensation act creates a right in the injured worker for the loss resulting from the injury and also creates a distinct and separate right of action in the dependents of the worker in the event death results from the injury. Routh v. Li
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