Kansas: Payment of Employee’s Medical Expenses Works to Revive Expired Statute of Limitations

Where a firefighter filed a claim for benefits more than six years after his original work-related injury, but within two years of the employer’s last payment of medical charges related to the firefighter’s work-related back condition, the claim was timely filed in spite of the fact that the statute of limitations had already run on the claim at the time the medical services were provided [see Kan. Stat. Ann. § 44-534(b)]. Maneuvering around what appeared to be clear precedent in the form of a 1936 Supreme Court of Kansas decision to the contrary, the court said the language of the statute was plain and unambiguous.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Schneider v. City of Lawrence, 2019 Kan. App. LEXIS 9 (Feb. 8, 2019)

See generally Larson’s Workers’ Compensation Law, § 126.07.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see