AIKINS v. GATES CORP.

No. 120,905.

462 P.3d 189 (2020)

Cathy Melonie AIKINS, Appellant, v. GATES CORPORATION, and Insurance Company of the State of Pennsylvania, Appellees.

Court of Appeals of Kansas.

Opinion filed February 28, 2020.


Attorney(s) appearing for the Case

William L. Phalen , of Pittsburg, for appellant.

Brian J. Fowler and Brent A. Jepson , of Evans & Dixon, LLC, of Kansas City, Missouri, for appellees.

Before Buser, P.J., Schroeder and Warner, JJ.


The Kansas Workers Compensation Act provides an avenue for a worker to seek a penalty from an employer who fails to pay his or her compensation award. But Kansas law and logic dictate that such payments must be due before any penalty can be ordered. This case presents the question of when payment obligations for such awards arise.

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