Background
Betzaida Suarez-Cirino injured her left shoulder while working for Menard, Inc. in 2014 and later injured her right shoulder while performing light-duty work. An administrative law judge ultimately found the right-shoulder injury compensable and, in a September 2, 2022 award, granted her future medical treatment.
Menards applied to terminate those benefits 17 months later, arguing that Suarez-Cirino had not received authorized treatment in more than two years. The administrative law judge applied the presumption in K.S.A. 44-510k(a)(3) that no further medical care was needed, found Suarez-Cirino had not overcome it, and terminated the benefits. The Workers Compensation Board affirmed.
The Court’s Holding
The Kansas Court of Appeals held that the Board misinterpreted K.S.A. 44-510k(a)(3). When future medical benefits have been awarded, the two-year period that triggers the statutory presumption cannot begin before the date of that award. The period begins on the award date and restarts whenever the claimant subsequently receives authorized medical treatment.
Because Menards sought termination less than two years after Suarez-Cirino’s award, the presumption did not apply, even though more than two years had passed since her last authorized treatment. The court reversed and remanded for the Board to determine whether Menards could establish grounds to terminate the benefits without the presumption.
Key Takeaways
- The two-year period under K.S.A. 44-510k(a)(3) begins no earlier than the award of future medical benefits.
- Authorized medical treatment received after the award restarts the two-year period.
- Reversal did not conclusively preserve Suarez-Cirino’s benefits; the Board must reconsider termination without applying the statutory presumption.
Why It Matters
The decision prevents an employer from invoking the no-treatment presumption immediately after a future-medical award based solely on treatment inactivity that occurred before the award. That interpretation gives effect to both statutory triggering dates and avoids allowing the presumption period to expire before future benefits exist.
Employers may still seek termination before the presumption becomes available, but they must prove the statutory grounds for termination without the presumption that no further care is needed.