Love v. McDonald's Restaurant

Elliott, J.:

Claimant Mary Love appeals from a workers’ compensation award which denied her compensation for traumatic neurosis. The appeal raises the single issue of what a claimant must prove to be compensated for traumatic neurosis under the Workers’ Compensation Act, K.S.A. 44-501 et seq.

The trial court applied the four-part test set forth in Ruse v. State, 10 Kan. App. 2d 508, 708 P.2d 216 (1984), in determining the issue. Because we hold that Ruse no longer is an accurate statement of the test, we reverse.

The facts are not seriously in dispute. Love was working as a swing manager for…