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Supreme Court releases for November 1, 2019

04 Nov 2019 10:16 AM | Tiffany Fisher (Administrator)

The Kansas Supreme Court released the following published decisions today:

Appeal No. 115,441: State of Kansas v. Ken'Dum Dan'Sha Owens

Archived oral argument video 

The Supreme Court affirmed Owens' Sedgwick County convictions for aggravated robbery, criminal use of a weapon, and criminal deprivation of property. The court held Owens did not establish that a 19-month delay between his arrest and trial violated his constitutional speedy trial rights. Although the length of the delay was presumptively prejudicial given that this was not a complex case, the reasons for the delay and lack of prejudice to Owens countered the presumption of prejudice. And while Owens objected to the delay, his objections were partially withdrawn, and overall he failed to show his constitutional speedy trial rights were violated.

Appeal No. 116,692: Via Christi Hospitals Wichita Inc. v. Kan-Pak LLC, et al.

Archived oral argument video

The Supreme Court affirmed the decision of the Workers Compensation Appeals Board and reversed the Court of Appeals decision. The appeal arose from a fee dispute between a hospital that treated an injured worker and a workers compensation insurance carrier. The workers compensation regulation governing reimbursement to hospitals—the 2011 schedule of maximum fees—said the hospital would be paid "whichever is least" between either 70% of billed charges or the Medicare Severity-Diagnosis Related Group amount. Testimony at a fee dispute hearing showed that the phrase "whichever is least" was added to the regulation by mistake. The hearing officer held he did not have authority to strike the erroneous language, and the Workers Compensation Appeals Board affirmed. The Court of Appeals reversed, holding the board's decision was unreasonable, arbitrary, and capricious. The Supreme Court held the statute giving the board authority to resolve fee disputes between hospitals and insurers—the specific statute under which the hospital sought more money—does not give the board authority to correct mistakes in workers compensation regulations. As a result, the court affirmed the board's decision in favor of the carrier.

Kansas Court of Appeals decisions released today
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