Welty v. USD 259
302 P.3d 1080
| Kan. Ct. App. | 2012Background
- Welty sustained a left knee injury on September 3, 2003, while employed as a school nurse.
- Welty filed for a workers compensation hearing on April 21, 2004; final hearing occurred April 8, 2010.
- Kansas amended K.S.A. 2006 Supp. 44-523(f) to require a final hearing within five years from filing, effective July 1, 2006.
- ALJ applied the amendment prospectively, holding Welty’s 2003 accident was not subject to dismissal and awarded temporary total disability.
- Board affirmed the ALJ, holding the statute did not apply retroactively and noting multiple reasons for the delay beyond Welty’s control.
- District appeals contending the claim is time-barred; court reviews under Kansas Judicial Review Act for errors of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 44-523(f) apply retroactively to Welty’s claim? | Welty argues the amendment should be retroactive. | Welty contends retroactive application would deprive vested rights; district argues retroactivity. | Statute not retroactively applied; Board affirmed. |
| Is 44-523(f) a limitations provision that operates retroactively or prospectively? | Statute is substantive and retroactive only if clearly intended. | Amendment procedural; retroactivity allowed if no vested rights impacted. | Court leans toward prospective application; no retroactive effect found. |
| What is the controlling limitations period for Welty’s claim? | The five-year clock from filing applies under 44-523(f). | Limitations under 44-534(b) (three years from accident or two years from last payment, whichever later) apply. | Applicable limitation is 44-534(b); 44-523(f) not retroactively applicable. |
Key Cases Cited
- Bergstrom v. Spears Manufacturing Co., 289 Kan. 605 (2009) (avoid adding words not in statute; read language literally)
- Bryant v. Midwest Staff Solutions, Inc., 292 Kan. 585 (2011) (statutory changes did not apply to Bryant’s case; prospective controls)
- Stevenson v. Topeka City Council, 245 Kan. 425 (1989) (retroactive application of amended statute deemed improper when it affects timely compliance)
- In re Tax Grievance Application of Kaul, 269 Kan. 181 (2000) (procedural statute; retroactivity depends on jurisdiction-division implications)
- Bonin v. Vannaman, 261 Kan. 199 (1996) (statute of limitations procedural; statute of repose substantive)
- Kimber v. U.S.D. No. 418, 24 Kan. App. 2d 280 (1997) (accrual of right to compensation at time of injury)