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Originally Filed: September 10, 2010 Updated: November 5, 2010

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 101,137 WILLIAM ALVIN REDD, Appellee,
V.

KANSAS TRUCK CENTER AND UNIVERSAL UNDERWRITERS INS. CO., Appellants. SYLLABUS BY THE COURT 1. Under the savings clause in both K.S.A. 77-621(a)(2) and K.S.A 2009 Supp. 77621(a)(2), judicial review of an agency action is subject to the standards in effect at the time the agency action was taken. Therefore, the 2009 Kansas Judicial Review Act amendments to the standard of review apply only prospectively to agency decisions issued on or after July 1, 2009, and in this case we apply the standard of review set forth in K.S.A. 77-621(c)(7) prior to those amendments.

2. Under the secondary injury rule, when a primary injury under the Workers Compensation Act is shown to have arisen out of and in the course of employment, the natural consequences directly flowing from the injury, including new and distinct injuries, are compensable. 3. Whether a second injury is compensable as a natural and probable consequence of the primary injury is dependent upon the facts of each case.

4. Appellate courts exercise unlimited review on questions of statutory interpretation without deference to an administrative agency's or board's interpretation of its authorizing statutes.

5. K.S.A. 44-510d requires compensation for each scheduled injury when multiple injuries occur within a single extremity.

6. The $50,000 compensation cap in K.S.A. 44-510f(a)(4) does not apply to a worker awarded both temporary total disability benefits and permanent partial disability benefits for multiple scheduled injuries under K.S.A. 44-510d.

Appeal from Workers Compensation Board. Opinion filed September 10, 2010. Affirmed.

James L. Mowbray, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Wichita, argued the cause, and Michael D. Streit, of the same firm, was with him on the briefs for appellants.

Roger A. Riedmiller, of Law Office of Roger A. Riedmiller, of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

BILES, J.: Kansas Truck Center and its insurance carrier challenge a workers compensation award to William Alvin Redd for permanent partial impairments to portions of his right and left upper extremities due to work-related injuries. The Workers Compensation Board ruled the injured worker's multiple right upper extremity impairments developed as a natural consequence of a 2003 crush injury to Redd's left 2

hand and subsequent overcompensation use for that left hand injury. We hold there is substantial competent evidence supporting the Board's findings.

In making this determination, we address and resolve a conflict among Court of Appeals panels regarding the appropriate standard of review to employ when an agency's action is attacked as being unsupported by substantial competent evidence. This conflict arose following amendments in 2009 to the Kansas Judicial Review Act, see K.S.A. 2009 Supp. 77-601 et seq.; L. 2009, ch. 109, secs. 23-30, which altered the statutory standard of review under K.S.A. 77-621(c). The panels have divided on whether those amendments are retroactive. We hold they are not. Both K.S.A. 77-621(a)(2) and K.S.A. 2009 Supp. 77-621(a)(2) contain a savings clause limiting the revised standard of review in K.S.A. 2009 Supp. 77-621(c)(7), (d) to agency decisions issued on or after July 1, 2009. Accordingly, because the agency finding in this case was made before the 2009 amendments became effective, we apply the standard of review under K.S.A. 77621(c)(7) in effect when the agency issued its order that found Redd's multiple right upper extremity impairments developed as a natural consequence of the crush injury to his left hand.

Next, we decide the correct methodology to calculate awards when an employee suffers multiple scheduled injuries. A majority of the Board held Redd was entitled to five separate scheduled injury awards

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