Legal Opinion · Dissent

Mathena v. IBP, Inc.

Court of Appeals of Kansas

Decided May 27, 2005No. 92,841Published

1DissentJohnson, J.

I agree with the majority’s ruling that substantial competent evidence supported the Board’s finding of a work-related injury to Mathena’s right elbow. I disagree with the majority’s conclusion that Mathena’s simultaneous injuries, resulting in the partial loss of use of both arms, is not compensable as a disability to the body as a whole.

The majority appears to find that the parallel limb simultaneous injury rule propounded in Honn v. Elliott, 132 Kan. 454, 295 Pac. 719 (1931), and its progeny survives the Supreme Court’s decision *965in Pruter v. Larned State Hospital, 271 Kan. 865, 26 P.3d 666…

2Cases cited3 opinions

  1. Honn v. ElliottSupreme Court of Kansas · 1931
  2. Wammack v. Root Manufacturing Co.Supreme Court of Kansas · 1959
  3. Pruter v. Larned State HospitalCourt of Appeals of Kansas · 2000

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