Bayless v. List & Clark Construction Co.

I am unable to agree with the basis and the result of the court’s decision in this case. The majority opinion disregards the fundamental differences between a physical injury covered by the workmen’s compensation act and a disease as recognized in the occupational disease sections of the act. The majority decision is reached by engrafting the concept of disability in physical injury cases into the occupational disease sections of the act and by disregarding the specific distinction recognized in the occupational disease section of the act (K. S. A. 44-5a04).

When a physical injury occurs it is…