At no time did Hagg tell Shehane that a drug test was required and that if she failed the test, she would not be eligible for the job. Shehane called and obtained further information from Hagg about the pay and other specifics concerning the job. She was not home and Hagg left a message asking her to call his home in Shawnee, Kansas. On November 2, 1996, following the second audition, Rick Hagg, Station's director of casting, called her at home. Shehane auditioned on two separate occasions for Station, both times in an office in Kansas City, Missouri. In early November 1996, she responded to an ad in the newspaper for actors to perform at the Station Casino in Kansas City, Missouri.

Station argues the Kansas Workers Compensation Act (KWCA) does not provide jurisdiction over Shehane and that the Board's award is not supported by substantial competent evidence.īarbara Shehane is a professional singer/dancer/actor who lives in Prairie Village, Kansas. PIERRON, J.: In this workers compensation case, Station Casino (Station) and its insurance carrier, CNA Insurance Co., appeal an award in favor of Barbara Shehane. Kelley, of Withers, Brant, Igoe & Mullennix, P.C., of Liberty, Missouri, for the appellee.īefore BRAZIL, C.J., PIERRON, J., and WAHL, S.J. Greenwald, of McAnany, Van Cleave & Phillips, P.A., of Kansas City, for the appellants. Affirmed in part and remanded with directions. Deference is given to administrative agency interpretation of statutes the agency is to enforce.Īppeal from Workers Compensation Board.

The appropriateness of an independent health care provider offering an opinion as to the causality of an injury, pursuant to K.S.A. A generic choice of law provision in a contract will not divest Kansas of workers compensation jurisdiction unless the contract specifically so provides.Ĥ. 44-506 provides that the Kansas Workers Compensation Act applies where the contract of employment was made within Kansas unless such contract otherwise specifically provides.ģ. A contract is made when and where the last act necessary for its formation is done.Ģ. IN THE COURT OF APPEALS OF THE STATE OF KANSASġ.

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