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IN RE DOE

No. 90,124.

277 Kan. 795 (2004)

90 P.3d 940

IN THE MATTER OF JANE DOE, a/k/a VICTORIA ACOSTA, a/k/a/ DELIA BUTANDA, Appellant, v. KANSAS DEPARTMENT OF HUMAN RESOURCES, Appellee.

Supreme Court of Kansas.

Opinion filed May 14, 2004.

Attorney(s) appearing for the Case

Diane F. Barger, of Dallas, Texas, argued the cause and was on the brief for appellant.

Darren E. Root, Kansas Department of Human Resources, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

This case presents the question whether a workers compensation claimant's use of a false name in applying for benefits and lying under oath as to her identity in the proceeding to obtain benefits were fraudulent or abusive acts under K.S.A. 44-5,120 (1993 Furse) even though the claimant was legally entitled to the benefits she received. Jane Doe, a/k/a Victoria Acosta, a/k/a Delia Butanda, appeals from the...

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