State News : Kansas

Kansas statutes specifically set forth the following rule regarding injuries from workplace fights: “Compensation for an injury shall be disallowed if such injury to the employee results from … the employee’s voluntary participation in fighting or horseplay with a co-employee for any reason, work related or otherwise.” K.S.A. 44-501(a)(1)(E).

In Gutierrez-Lujan v. Wright Tree Service, AP-00-0492-288, 2025 WL 3481131 (Kan. Work. Comp. App. Bd. Nov. 13, 2025) the Kansas Workers Compensation Appeals Board affirmed the Administrative Law Judge denial of compensation to claimant Gutierrez-Lujan for an injury received in a workplace fight with a co-employee.

Gutierrez-Lujan and his foreman argued over the claimant’s job performance. After words were exchanged, a physical altercation occurred. The claimant alleged he was struck from behind, knocked to the ground, and kicked. The foreman, by contrast, testified that the claimant pushed him first, prompting the foreman to slap the claimant in the face.

Another supervisor arrived at the scene and attempted to sort through the resulting “he-said, he-said” situation. Ultimately, both men finished their workday, and neither immediately requested medical treatment. Several days later, however, the claimant sought medical treatment on his own and, after being denied authorization for medical care, pursued a workers compensation claim against the employer.

At the Preliminary Hearing, the parties disagreed as to the nature of the workplace fight. Because K.S.A. 44-501(a)(1)(E) precludes recovery of workers’ compensation benefits for voluntary participation in a workplace fight, regardless of whether the fight is work-related or not, the claimant argued he was attacked, while the respondent contended the claimant was an active participant, if not the instigator.

The Administrative Law Judge focused on the witnesses’ credibility in determining which version of the facts of the fight were more believable. After observing the witnesses testify and reviewing their depositions, the Judge concluded the claimant was not a passive victim but had voluntarily participated in the fight. Accordingly, she denied the claimant’s request for benefits.

The Workers’ Compensation Appeals Board affirmed the denial of benefits, emphasizing that credibility determinations made by the Judge are entitled to deference. Because the employer proved the statutory defense, the claimant was denied workers’ compensation benefits. 

The Gutierrez-Lujan Appeals Board decision evidences an important consideration in workplace fight cases in Kansas: The outcome of cases can ultimately depend on the credibility of the witnesses. The supervisor, while presumably minimizing his involvement, admitted striking the claimant in response to being pushed. By making this admission, he established that a voluntary fight had occurred. The Judge further noted that the supervisor had no history of striking other employees or engaging in abusive behavior. As a result, the Judge concluded there was no evidence that the supervisor suddenly broke character and assaulted the claimant.  The Judge concluded that the supervisor reacted to a provocation. Based on these facts, both the ALJ and the Board determined the altercation under the law, was voluntary on the part of the claimant, precluding him from receiving workers compensation benefits for his alleged injury.