Johnson v. Brooks Plumbing, LLC

Summary

The Kansas Supreme Court considered whether the Workers Compensation Board properly reached the merits of a late application for review of an administrative law judge’s award. Because the claimant’s counsel did not receive actual notice of the award until the statutory appeal period had effectively expired, the court held that due process tolled the 10-day filing period. The court affirmed the Board’s decision.

Holdings

1. When a claimant's counsel does not actually receive notice of an administrative law judge's award, the statutory ten-day period for seeking Workers Compensation Board review is tolled in these circumstances.
2. The Workers Compensation Board properly considered the merits of Johnson's application because the absence of actual notice tolled the statutory appeal period.
3. The court did not decide whether the doctrine of unique circumstances applied because its due process ruling resolved the case.

Questions Presented

1. Whether the ten-day statutory period for seeking Workers Compensation Board review of an administrative law judge's award was tolled when the claimant's counsel did not actually receive notice of the award before the period expired.
2. Whether due process permitted the Board to consider the merits of Johnson's late application for review.
3. Whether the doctrine of unique circumstances permitted the late appeal.

Disposition

affirmed