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The Kansas “no progress” statute, Kan. Stat. Ann. § 44-523(f)(1), prohibits an administrative law judge from affirmatively allowing an extension to a claimant who fails to move for that extension within three years of the initial filing of the claim, held the Supreme Court of Kansas In a split decision. Accordingly, the majority of the Court held that since the claimant’s request for an extension was filed after the three-year deadline, it was appropriately denied summarily. The claimant had sought additional time to schedule an out-of-state deposition. In a spirited dissent, Justice Rosen said the majority’s holding stood on the basis of “a single comma.”
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 Glaze v. Williams, 2019 Kan. LEXIS 75 (Apr. 19, 2019)
See generally Larson’s Workers’ Compensation Law, § 126.13.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see