Nuttle v. CertainTeed Corp.

Abbott, J.:

This is a workers’ compensation appeal by the claimant, Saleta Nuttle, from a judgment denying her application for a civil penalty pursuant to K.S.A. 44-512a against the self-insured respondent, CertainTeed Corporation, and the Workers’ Compensation Fund.

The dispositive facts are not disputed nor is the amount of the award in dispute. The Kansas Workers’ Compensation Fund (Fund) was ordered to pay all compensation and medical expenses of the claimant. An award was then made “[i]n favor of the claimant, Saleta M. Nuttle, and against the respondent, Certain-Teed Corporation, a…