Endres v. Young – Hill

Hill, J.:

*497 *42 In this case, a widow appeals the dismissal of her tort *498 claim against a company nurse and her employer for misdiagnosing her deceased husband's heart condition at work. The district court, relying upon an old case as precedent as well as offering no consideration of the intervening major revisions of the Kansas Workers Compensation Act, ruled that her lawsuit was barred by the exclusive remedy of workers compensation. The trouble with ancient precedent is that the law is never static. Each wave of legislation and each new appellate decision changes the law's seascape. What was…