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Employer Can't Use Worker's Low IQ to Rebut Presumption of Total Disability

Tuesday, October 27, 2015 | 435 | 0 | 0 min read

The Kansas Court of Appeals last week ruled that an employer couldn't use a worker's limited intelligence to rebut a statutory presumption that his bilateral arm injuries had left him permanently and totally disabled. Case: Wimp v. American Highway Technology, No. 112,521, 10/23/2015, published. Facts: Donald Wimp spent 18 years doing manual labor for American Highway Technology, a company that manufactures concrete bridges and overpasses. His job required repetitive hand and wrist motions, and he developed severe carpal tunnel syndrome in both arms. Procedural History: T...

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