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| Edwards v. Boeing Co., No. 95,566,
COURT OF APPEALS OF KANSAS, March 30, 2007, Opinion Filed
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Overview: Where claimant was terminated from a position where he was accommodated for his lower back injuries, the claimant was entitled to a work disability award for the lower back claim; however, the claimant was not entitled to work disability benefits resulting from a second injury because all of his work disability was attributable to his back injury.
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| Fowler v. State, No. 95,602,
COURT OF APPEALS OF KANSAS, March 30, 2007, Opinion Filed
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Overview: Where defendant was furnished an attorney who failed to perfect and complete an appeal under Kan. Stat. Ann. § 60-2103(a), and consistently informed defendant and his family that the appeal was "pending," defendant was permitted to pursue an appeal out of time. District court's denial of his Kan. Stat. Ann. § 60-1507 claim was reversed.
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| Hutchinson Hosp. Corp. v. Neal, No. 96,330,
COURT OF APPEALS OF KANSAS, March 30, 2007, Opinion Filed
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Overview: Where district court had no evidence establishing the value of appellee hospital's services to appellant patient, judgment for the hospital pursuant to Kan. Stat. Ann. § 61-3201(d) in an action to collect unpaid medical bills was improper without further findings because the reasonableness of the bills were material facts that remained in dispute.
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| King v. State, No. 94,117,
COURT OF APPEALS OF KANSAS, March 30, 2007, Opinion Filed
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Overview: A trial court was directed on remand to allow the direct appeal of defendant's sentence to be filed out of time because the failure by defendant's attorney to timely file an appellate brief denied defendant the direct appeal of his departure sentence; under Kan. Stat. Ann. § 21-4721(a), defendant had the right to appeal his departure sentence.
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| Rice v. State, No. 94,864,
COURT OF APPEALS OF KANSAS, March 30, 2007, Opinion Filed
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Overview: Appellate court rejected the district court's ruling that defendant's right to counsel was inapplicable to the Van Cleave remand; district court's ruling with respect to defendant's Kan. Stat. Ann. § 60-1507 motion regarding ineffective assistance of appellate counsel was reversed and remanded.
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| Smith v. Rossville Valley Manor, No. 96,411,
COURT OF APPEALS OF KANSAS, March 30, 2007, Opinion Filed
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Overview: Substantial evidence supported the Workers Compensation Board's conclusion a claimant's final work-related injury caused only a temporary aggravation of the claimant's condition and did not affect her permanent work disability; thus, the insurance carrier at the time of the primary injury was responsible for payment of the claimant's award.
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| State v. Shaw, No. 95,936,
COURT OF APPEALS OF KANSAS, March 30, 2007, Opinion Filed
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Overview: Although the officer asked defendant to submit to a second breath test before giving the implied consent advisories, that request did not taint the officer's later request after the advisories were given; the officer complied with Kan. Stat. Ann. § 8-1001(h) by requesting defendant to submit to testing after he gave the implied consent advisories.
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