Peterson v. Garvey Elevators, Inc.

The opinion of the court was delivered by

Abbott, J.:

Donald F. Peterson, the claimant, appeals the trial court’s order denying his motion to modify a lump sum settlement in a workers compensation case.

The lump sum settlement was approved by an administrative law judge in 1984. In 1991, Peterson filed a motion, citing what is now K.S.A. 1992 Supp. 44-528, to modify the lump sum settlement. He alleged fraud, undue influence, and misconduct on the. part of the employer and his former attorney in failing to inform the administrative law judge fully of his traumatic epilepsy condition.

The facts…