Court Rejects Constitutional Challenges to Lack of Jury Trial, Cap on Benefits

The Kansas Court of Appeals rejected a widower’s constitutional challenges to the lack of a jury trial in workers’ compensation matters and the statutory cap on the benefits payable for the death of his wife. Case: Higginbotham v. State, No. 126,764, 07/19/2024, unpublished. Facts: Melissa Higginbotham worked for the State of Kansas at Larned State Hospital. In September 2021, Higginbotham was traveling for work when an oncoming vehicle crossed the centerline and struck her vehicle. Higginbotham suffered fatal injuries. Procedural history: Higginbotham’s widower filed a cl...