(Download) "Eakes v. Hoffman-Laroche" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Eakes v. Hoffman-Laroche
- Author : Supreme Court of Kansas
- Release Date : January 23, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The opinion of the court was delivered by This is a workmen's compensation appeal by the claimant-appellant, Phillip L. Eakes, from the judgment of the district court holding that the director of workmen's compensation was without jurisdiction to review and modify an award entered on June 21, 1974. The appellees are the employer, Hoffman-LaRoche, Inc., and its insurance carrier, Hartford Insurance Group. The facts in the case are undisputed and are as follows: On December 28, 1973, the claimant, Eakes, sustained an accident arising out of and in the course of his employment with Hoffman-LaRoche, Inc. He lost no compensable time from his work and went to his [220 Kan. 566] own doctor. He incurred medical expenses in the total amount of $173.30. On June 21, 1974, the claimant appeared without counsel before special examiner Frank Menghini. At this time he was fully and completely advised of his rights under the workmen's compensation act. The examiner was informed by the claimant that he had elected to pursue his rights against the negligent third party who caused the accident and that he desired to release his employer from any further liability for workmen's compensation because of the accident. The examiner advised the claimant that he had the right to pursue a claim under the workmen's compensation act and that he could also pursue his third-party action at the same time. Claimant was further advised that if he settled the workmen's compensation claim on the basis of payment of the medical and hospital expenses an award based thereupon would constitute a final and complete release of his employer and its insurance carrier from any further liability for claims arising from the accident. The examiner informed the claimant that if he was unsuccessful in his third-party action, under the law he would not be able to come back later and obtain workmen's compensation. The examiner suggested to claimant that it would be unwise for him to proceed on this basis. Claimant insisted that that was what he wanted to do. At the conclusion of the hearing the examiner made an award in favor of the claimant on the basis of payment of all medical and hospital expenses as read into the record. At that time all medical and hospital expenses had already been paid. No appeal was taken to the district court from the workmen's compensation award under K.S.A. 44-556, nor was any request for a review filed with the director under K.S.A. 44-551.