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IN THE SUPREME COURT OF THE STATE OF KANSAS No. 100,012 CORY SAYLOR, Appellee, v. WESTAR ENERGY, INC., Appellant.

SYLLABUS BY THE COURT 1. Ordinarily, if a statute's language is not subject to multiple interpretations, the reviewing court need not look past that language. Rather, an appellate court is bound to implement the legislative intent which has been clearly expressed in the legislature's plain and unambiguous language.

2. So long as it remains within constitutional boundaries, the legislature has the authority to intentionally and knowingly enact statutory provisions that may lead to unreasonable results. In that event, a judicial rewriting of the statute is not the appropriate remedy.

3. Where an accidental injury to a worker occurs as a result of a series of events, repetitive use, cumulative traumas, or microtraumas, the designated date of accident shall be governed by the provisions of K.S.A. 2010 Supp. 44-508(d). Where K.S.A. 2010 Supp. 44-508(d) so designates, the date upon which the employee gives written notice to
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the employer of the injury shall be the date of accident, regardless of whether that date may be subsequent to the last day the employee physically worked for the employer.

4. The provisions of K.S.A. 44-510j(h) which impose liability on an employer for an employee's unauthorized medical bills under certain circumstances are not restricted to cases in which the worker received emergency medical services. If an employer knows that an employee is suffering from a work-related injury and refuses or neglects to provide or authorize medical services to address that injury, the employee may obtain his or her own medical services at the employer's expense.

Review of the judgment of the Court of Appeals in 41 Kan. App. 2d 1042, 207 P.3d 275 (2009). Appeal from Workers Compensation Board. Opinion filed August 5, 2011. Judgment of the Court of Appeals affirming the Workers Compensation Board is affirmed. Judgment of the Workers Compensation Board is affirmed.

Terry J. Torline, of Martin, Pringle, Oliver, Wallace & Bauer, L.L.P., of Wichita, argued the cause and was on the briefs for appellant.

Chris A. Clements, of Clements Law Office, of Wichita, argued the cause and was on the briefs for appellee.

The opinion of the court was delivered by

JOHNSON, J.: Westar Energy, Inc. (Westar) seeks review of the Court of Appeals' decision affirming the workers compensation award to Cory Saylor in connection with a knee injury in Saylor v. Westar Energy, Inc., 41 Kan. App. 2d 1042, 207 P.3d 275 (2009). Westar essentially challenges the date of accident assigned to Saylor's repetitive trauma injuries and contends that it should not have been ordered to pay for unauthorized
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medical expenses. We affirm the Court of Appeals' decision affirming the Workers Compensation Board (Board).

FACTS AND PROCEDURAL BACKGROUND At the time of the hearing before the administrative law judge (ALJ), Saylor was 54 years old and had been employed by Westar for 33 years, variously serving as a grounds man, truck driver, cable splicer, journeyman cable splicer, and foreman cable splicer. In the foreman position, Saylor supervised a 3-man crew that ran power cables through residential and commercial buildings. His job duties required him to work on his knees on rough ground and asphalt, to climb in and out of manholes, and to climb up and down ladders.

Saylor testified that, approximately 20 years ago, he injured his left knee on the job and underwent a procedure to repair torn cartilage. However, he did not report the injury as work related because he did not know to do so. Several years ago, he experienced pain in his left knee that became progressively worse. Saylor's family physician referred him to Dr. Steven Howell for cortisone injections. Saylor recalled reporting the trouble with his knee and the injection treatments to his supervisor at the time, Pinky Nelson, albeit Saylor did not fill out any paperwork.

More recently, Saylor experienced worsening pain in his knee, resulting in a referral to Dr. John R. Schurman. On January 4, 2006, Saylor consulted with Dr. Schurman, who recommended knee replacement surgery. Saylor stated that he informed his supervisor, Raymond Lara, that he was going to have knee replacement surgery and that his job duties caused the injury, but his supervisor did not have him fill out any paperwork. Lara would later testify in deposition that he first learned of Saylor's left knee pain when Saylor asked for time off to have the surgery and that Saylor referred to the problem as wear and tear over the years, rather than as work related. On his application
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for leave time, Saylor checked the box indicating the injury was not work related, which he would later explain was done because he did not know that the injury could be covered by workers compensation.

Saylor's last date worked prior to the surgery was February 6. His February 7 surgery was not authorized by Westar, and his personal health insurance paid the medical bills.

While recovering from the surgery, Saylor learned from a coworker that his knee injury might be considered work related and, thus, eligible for workers compensation. Saylor then sought the advice of a workers compensation attorney, who served a notice of intent and written claim on Westar on March 28, 2006.

In addition to Lara's deposition, Westar presented the deposition of its manager of safety and training, Joe Drassen. Drassen testified that Saylor had received the manual and attended training sessions related to reporting accidents and injuries to a supervisor. Dr. Schurman and Dr. C. Reiff Brown testified by deposition regarding causation. Ultimately, the ALJ determined that Saylor's injury was work related and that the date of accident was March 28, 2006--the date Saylor provided notice to Westar. See K.S.A. 2010 Supp. 44-508(d). The ALJ found that Saylor had 37% impairment to his left leg; that he was entitled to all his outstanding and unauthorized medical benefits; and that he should be awarded 74 weeks of permanent partial disability compensation in the amount of $34,558.

The Board affirmed the ALJ's award, finding that Saylor's injury was work related and arose out of and in the course of his employment with Westar. The Board further found that Saylor provided Westar with timely notice under 44-508(d), concluding that, since there was no authorized physician in this case, the date of accident was the notice
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date of March 28. Finally, the Board found that Westar was liable under K.S.A. 44510j(h) for Saylor's unauthorized medical expenses because Westar knew about the work-related injury but failed to provide medical treatment for Saylor.

Two members of the Board wrote a separate concurring opinion, stating that the date of accident should be Saylor's last date worked, February 6, 2006, instead of the date of notice of claim, March 28. Nevertheless, the concurring members opined that the notice was not untimely under K.S.A. 44-520 because there was just cause to extend the notice deadline from 10 days to 75 days.

Westar appealed to the Court of Appeals, which affirmed the decision of the Board's majority. The panel specifically held that, pursuant to the plain and unambiguous language of 44-508(d), Saylor's date of injury was March 28, 2006; that Saylor's notice of accident was timely; and that Westar was responsible for the entire amount of Saylor's medical bills. Saylor, 41 Kan. App. 2d at 1048-51. Westar filed a petition with this court, seeking review on three issues, which it stated as follows:

"1. Did the Court of Appeals fail to address whether substantial and competent evidence existed to establish that claimant sustained a personal injury by accident that arose out of and in the course of his employment on March 28, 2006? "2. Did the Court of Appeals misinterpret K.S.A.

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