Summary
distinguishing a case that rejected a claim that employees could bring common-law actions for fraud in interpreting K.S.A. 44-5,121 (1993 Furse) because it did not interpret a statute which authorizes a cause of action to recover economic loss resulting from fraudulent or abusive conduct
Summary of this case from In re DoeOpinion
No. 73,478
Opinion filed on July 12, 1996
MEMORANDUM OPINION
WORKERS COMPENSATION — Fraudulent or Abusive Act — Statutory Cause of Action by Claimant.
Review of the judgment of the Court of Appeals in 21 Kan. App. 2d 908, 908 P.2d 1345 (1996). Appeal from Ford district court; JAY DON REYNOLDS, judge. Judgment of the Court of Appeals affirming the district court is affirmed. Judgment of the district court is affirmed. Opinion filed July 12, 1996.
Bryce A. Abbott, of Hershberger, Patterson, Jones Roth, L.C., of Wichita, argued the cause and was on the brief for appellant.
John D. Shultz, of Shultz Associates, P.A., of Dodge City, argued the cause, and Donald E. Shultz, of the same firm, was with him on the brief for appellee.
The opinion of the court was delivered by
This is an interlocutory appeal by defendants from the district court's denial of their motions to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief could be granted. The single issue in this case is whether a workers compensation claimant may bring a cause of action under K.S.A. 44-5,121. The district court certified that an immediate appeal would materially advance the litigation, pursuant to K.S.A. 60-2102(b). The Court of Appeals affirmed the district court's denial of the motions. Elliott v. Dillon Companies, 21 Kan. App. 2d 908, 908 P.2d 1345 (1996). Appellants' petition for review was granted by this court on March 14, 1996.
We have reviewed the briefs, the arguments, and the record in this case, and we conclude the Court of Appeals was correct. We adopt the opinion of the Court of Appeals and affirm both the Court of Appeals and the district court.
ABBOTT, J., not participating.
ROBERT H. MILLER, C.J. Retired, assigned.
REPORTER'S NOTE: Chief Justice Robert H. Miller, Retired, was appointed to hear case No. 73,478 vice Justice Abbott pursuant to the authority vested in the Supreme Court by K.S.A. 20-2616.