Gadberry v. R. L. Polk & Co.

Parrish, J.:

R. L. Polk & Company and Transportation Insurance Company (Polk) appeal from the decision of the Workers Compensation Board (Board) awarding workers compensation benefits to Valerie Gadberiy. Gadberry cross-appeals, challenging the constitutionality of K.S.A. 44-501(h). Gadberry alleges that the offset of employer-provided retirement benefits unfairly discriminates against workers who have earned those benefits.

Gadberry was a supervisor for the quality control department at Polk, a printing plant that manufactures city directories for the United States and Canada. On January 21,…