Fisher v. Kansas Crime Victims Compensation Board

The opinion of the court was delivered by

Davis, J.:

Greg and Linda Fisher filed a claim for the death of their son Jeremy before the Kansas Crime Victims Compensation Board. Twenty-five percent of the allowed compensation was withheld by the Board based upon “the contributory misconduct” of Jeremy. See K.S.A. 2004 Supp. 74-7305(c)(2). The district court affirmed the Board’s determination. The question, one of first impression in this state, is whether Jeremy’s conduct on the morning of the accident contributed to his death under the provisions of K.S.A. 2004 Supp. 74-7305(c)(2) and K.A.R.…