INJURED WORKERS OF KANSAS v. FRANKLIN

No. 77,142, No. 77,561.

262 Kan. 840 (1997)

942 P.2d 591

INJURED WORKERS OF KANSAS, et al., Appellants, v. WAYNE L. FRANKLIN, Secretary of Human Resources, and PHILIP S. HARNESS, Director of Workers Compensation, Appellees. OLIVER GETTLE, Appellant, v. WAL-MART, Appellee, and NATIONAL UNION FIRE INSURANCE COMPANY,Insurance Carrier.

Supreme Court of Kansas.

Opinion filed July 18, 1997.


Attorney(s) appearing for the Case

Timothy A. Short, of Spigarelli, McLane & Short, of Pittsburg, argued the cause, and Patrick R. Nichols, of Topeka, Kelly W. Johnston, of The Johnston Law Offices, P.A., of Wichita, and Thomas E. Hammond, of Render, Kamas and Hammond, of Wichita, were with him on the briefs for appellants.

Fred J. Logan, Jr., of Logan & Logan, of Prairie Village, argued the cause, and A. J. Kotich, of Kansas Department of Human Resources, was with him on the brief for appellees Franklin and Harness.

Christopher J. McCurdy, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Wichita, argued the cause, and Michael D. Streit, of the same firm, was with him on the brief for appellee Wal-Mart.


The opinion of the court was delivered by

ABBOTT, J.:

The 1993 Kansas Legislature passed sweeping changes to the Workers Compensation Act (Act). Five of those amendments are challenged in this appeal, as well as the Act as a whole. The plaintiffs contend the amendments and the Act as a whole unconstitutionally violate due process, equal protection, and the separation of powers doctrine. The plaintiffs are a variety...

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