Saylor v. Westar Energy, Inc.Annotate this Case
Twenty years before the current dispute arose, Cory Saylor, who worked for Westar Energy, injured his left knee on the job. More recently, Saylor underwent knee replacement surgery. On March 28, 2006, after the surgery, Saylor served a notice of intent and written claim on Westar seeking workers compensation benefits. The ALJ awarded Saylor seventy-four weeks of permanent partial disability compensation. The Workers Compensation Board affirmed. The court of appeals affirmed, holding, inter alia, that Saylor's date of injury was the date he provided notice to Westar on March 28, 2006. On appeal, the Supreme Court affirmed, holding (1) the Board and court of appeals correctly interpreted and applied Kan. Stat. Ann. 44-508(d) as it was written, which resulted in the assignment of March 28, 2006 as Saylor's date of accident; (2) there was substantial competent evidence to support the Board's finding that Westar had knowledge of Saylor's work-related injury before the surgery and that Westar refused or neglected to provide medical treatment for that injury, and therefore, the application of Kan. Stat. Ann. 44-510j(h) was triggered, rendering Westar liable for the cost of Saylor's knee replacement surgery.