Johnson v. State

Rees, J.:

In this workers’ compensation case, respondents State of Kansas, Kansas Neurological Institute (KNI) and the State Self-Insurance Fund appeal from a district court judgment awarding claimant DeElla Alice Johnson compensation for a 95% work disability and refusing to allocate any of the award against the Workers’ Compensation Fund for payment. We affirm.

Respondents first attack the allocation of the award, asserting the district court erred in adopting the director’s decision that KNI did not prove it knowingly retained a handicapped employee.

K.S.A. 1985 Supp. 44-567(a) operates to…