Higgins v. Abilene Machine, Inc., 288 Kan. 359

Summary

The Kansas Supreme Court considered whether a workers compensation claimant may recover expert witness fees incurred while pursuing post-award medical benefits. The court held that K.S.A. 2008 Supp. 44-510k(c) did not authorize recovery of expert witness fees as costs, affirming the denial of the claimant’s request. Justice Johnson dissented, concluding that the statute allowed an administrative law judge discretion to award such expenses.

Holdings

1. K.S.A. 2008 Supp. 44-510k(c) does not authorize an administrative law judge to award expert witness fees as recoverable costs to a claimant pursuing post-award medical benefits.
2. Statutory interpretation and construction are subject to unlimited review, and courts owe no significant deference to the administrative law judge's or Board's statutory interpretation.

Questions Presented

1. Whether K.S.A. 2008 Supp. 44-510k(c) authorizes an administrative law judge to award expert witness fees incurred by a workers compensation claimant in pursuing post-award medical benefits.
2. What standard of review applies to the administrative interpretation and construction of K.S.A. 2008 Supp. 44-510k(c).

Disposition

affirmed