Higgins v. Abilene MacHine, Inc.

Knudson, J.:

In this workers compensation proceeding, John W. Higgins (claimant) appeals from the order of the Workers Compensation Board (Board) and its determination that postaward expert witness fees are not to be awarded to claimant as costs under K.S.A. 2006 Supp. 44-5l0k(c). The issue presented is one of first impression.

The controlling facts are not in dispute. Claimant is receiving a compensation award after sustaining a work-related back injury. Subsequendy, his back became worse and he made application for postaward medical treatment. Evidentiary depositions were taken from two…