Legal Opinion

Martinez v. Excel Corp.

Court of Appeals of Kansas

Decided November 26, 2003No. 90,326PublishedCited by 6 opinions

1Opinion of the Court

Green, J.:

Excel Corporation appeals from an award by the Workers Compensation Board (Board) to Bernardo Martinez for work-related injuries. Excel argues that the Board erred in determining that Martinez’ refusal to undergo carpal tunnel surgery was reasonable within the meaning of K.A.R. 51-9-5. The issue before this court is whether there was substantial competent evidence to support the Board’s decision. Because expert testimony revealed that there were significant risks, as well as uncertainty about the ultimate result of the surgeiy, we find that there was substantial competent evidence…

2Cases cited7 opinions

  1. Griffin v. Dale Willey Pontiac-Cadillac-GMC Truck, Inc.Supreme Court of Kansas · 1999
  2. Sultan & Chera Corp. v. FallasSupreme Court of Florida · 1952
  3. Bradford v. Boeing Military AirplanesCourt of Appeals of Kansas · 1996
  4. Morgan v. Sholom Drilling Co.Supreme Court of Kansas · 1967
  5. Evans v. Cook & Galloway Drilling Co.Supreme Court of Kansas · 1963

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Tyler v. Goodyear Tire & Rubber Co.Court of Appeals of Kansas · 2010
  2. Nistler v. Footlocker Retail, Inc.Court of Appeals of Kansas · 2008
  3. THREE KINGS HOLDINGS, LLC v. SixCourt of Appeals of Kansas · 2011
  4. Adee v. Russell Stover Candies, Inc.Court of Appeals of Kansas · 2008
  5. Three Kings Holdings, L.L.C. v. SixCourt of Appeals of Kansas · 2011

1 more not listed; retrieve them via the Exa API.

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