courts have unlimited review of questions involving the
interpretation or construction of a statute, owing no
deference to the agency's or the Board's
interpretation or construction.
statute is plain and unambiguous, an appellate court should
not speculate about the legislative intent behind that clear
language, and it should refrain from reading something into
the statute that is not readily found in its words. The court
must give effect to the statute's express language rather
than determine what the law should or should not be.
2011 amendment that changed the time limitation for
dismissing a workers compensation claim from 5 to 3 years and
filing a motion to extend that time limitation applies
retroactively to the claim for benefits filed in 2009 here
because the 2011 amendment to K.S.A. 44-523(f), which was
originally enacted in 2006, is procedural in nature and
retrospective application would not prejudicially affect any
party's substantive or vested rights.
from Workers Compensation Board. Opinion filed June 23, 2017.
Reversed and remanded with directions.
Kubin, of Bottaro, Kubin & Yocum, P.C., of Leawood, for
R. Shetlar, of James R. Shetlar Law Offices, of Overland
Park, for appellee.
Standridge, P.J., McAnany, J., and Hebert, S.J.
School District No. 233 (District) appeals from the Workers
Compensation Board's (Board) decision affirming the
administrative law judge's (ALJ) determination that a
claim by its former employee, Helen Loree Knoll, was not
time-barred under K.S.A. 2009 Supp. 44-523(f) for lack of
prosecution. On appeal, the District argues that the Board
erred in failing to retroactively apply the version of the
statute in effect at the time Knoll filed her application for
hearing. See K.S.A. 2016 Supp. 44-523(f)(1). For the reasons
stated below, we agree that the changes made to the statute
after Knoll's injury retroactively apply; therefore, we
must reverse and remand the matter to the Board with
directions to dismiss the claim.
relevant facts are not in dispute. On October 29, 2009, Knoll
fell in a parking lot while working for the District. As a
result, Knoll began receiving medical treatment, ...