In January 2024, a preliminary hearing order from Administrative Law Judge Brian Brown confirmed a Kansas worker’s entitlement to recommended treatment under the Worker’s Compensation Act. The worker sustained injuries to her left knee following a workplace slip and fall in February 2022.

Three examining doctors agreed that the worker required left total knee replacement surgery. But the hearing was held to determine whether the worker met her burden of proof to establish that:

  • Her work injury was the prevailing cause for needing the procedure
  • She requires ongoing treatment to cure and relieve the effect of her work injury

Based on the opinions and testimonies of the examining doctors, as well as precedent set by a number of existing cases, the Court determined the worker had met her evidentiary burden.

As a result, the worker’s employer was ordered to authorize the services of an appropriate health care provider to authorize treatments to cure and relieve the effect of the work injury. This included, but wasn’t limited to, the total left knee replacement procedure.

The employer was also directed to pay the administration costs, including those of the transcripts and court reporting services.