Printable Format44-519. Certificate of health care provider as evidence. Except in preliminary hearings conducted under K.S.A. 44-534a and amendments thereto, no report of any examination of any employee by a health care provider, as provided for in the workers compensation act and no certificate issued or given by the health care provider making such examination, shall be competent evidence in any proceeding for the determining or collection of compensation unless supported by the testimony of such health care provider, if this testimony is admissible, and shall not be competent evidence in any case where testimony of such health care provider is not admissible.
History: L. 1927, ch. 232, § 18; L. 1990, ch. 182, § 9; L. 2000, ch. 160, § 11; July 1.
Source or prior law:
L. 1911, ch. 218, § 21; L. 1917, ch. 226, § 9; R.S. 1923, 44-519.
Law Review and Bar Journal References:
"Worker's Compensation Review," J.K.T.L.A. Vol. XIX, No. 1, Review Section, 1, 2 (1995).
"Worker's Compensation Review," J.K.T.L.A. Vol. XIX, No. 4, Review Section, 6 (1996).
"Worker's Compensation Review," J.K.T.L.A. Vol. XIX, No. 6, Review Section, 3 (1996).
"Worker's Compensation Review," J.K.T.L.A. Vol. XX, No. 3, Review Section, 27 (1997).
"Worker's Compensation Review," J.K.T.L.A. Vol. XX, No. 5, Review Section, 32 (1997).
"Workers Compensation Review," J.K.T.L.A. Vol. XX, No. 6, Review Section, 27 (1997).
"Workers Compensation Review," J.K.T.L.A. Vol. XXI, No. 2, Review Section, 29 (1997).
"Workers Compensation Review," J.K.T.L.A. Vol. XXIII, No. 4, 21 (2000).
"Workers Compensation Review," Jan L. Fisher, J.K.T.L.A. Vol. 24, No. 5, 23 (2001).
"Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 27, No. 1, 16, 22 (2003).
"Workers Compensation Review," J.K.T.L.A. Vol. 29, No. 1, 21 (2005).
"Workers Compensation Review," Joseph Seiwert, Editor, 34 J.K.A.J., No. 3, 23 (2011).
CASE ANNOTATIONS
1. Testifying physician may consider medical evidence generated by absent physicians if expressing own opinion rather than absent physicians. Boeing Military Airplane Co. v. Enloe, 13 Kan. App. 2d 128, 131, 764 P.2d 462 (1988).
2. Apparent conflict with K.S.A. 44-510e construed to allow admission of neutral medical report into evidence without supportive testimony. McKinney v. General Motors Corp., 22 Kan. App. 2d 768, 921 P.2d 257 (1996).
3. K.S.A. 44-510e (a) creates a narrow exception to the general rules thereof; an independent health care provider's opinion on issues beyond functional impairment without supporting testimony. Sims v. Frito-Lay, Inc., 23 Kan. App. 2d 591, 592, 933 P.2d 161 (1997).
4. Section prohibits opinion testimony by vocational rehabilitation expert relying upon nontestifying health care provider evidence. Roberts v. J.C. Penney Co., 263 Kan. 270, 271, 275, 949 P.2d 613 (1997), rev'g. 23 Kan. App. 789, 935 P.2d 1079 (1997).