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WELTY v. USD 259

No. 106,383.

302 P.3d 1080 (2012)

Debra K. WELTY, Appellee, v. USD 259, Appellant.

Court of Appeals of Kansas.

July 27, 2012.

Attorney(s) appearing for the Case

Vincent A. Burnett and Dallas L. Rakestraw , of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., of Wichita, for appellant.

Robert R. Lee , of Wilson, Lee, Gurney & Hess, of Wichita, for appellee.

Before HILL, P.J., PIERRON and LEBEN, JJ.

HILL, J.

USD 259 asks us to overturn the Workers Compensation Board and hold that K.S.A. 2006 Supp. 44-523(f) bars Debra K. Welty from recovery because the regular hearing on her claim was held almost 6 years after her application for benefits was filed. Because nothing in the language of K.S.A. 2006 Supp. 44-523(f) indicates the legislature intended for the amendment to prior law operate retroactively, we hold the Board properly affirmed Welty's compensation award...

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