Kan. Admin. Regs. § 20-2-8 - Contributory misconduct

(a) An award of compensation may be reduced if the board finds that the claimant or the victim through whom the claimant makes the claim has contributed to the injury for which the claim is made. The following acts or behavior may signify contributory misconduct:

(1) Consent, provocation or incitement, including the use of fighting words or obscene gestures;

(2) willing presence in a vehicle operated by a person who is known to be under the influence of alcohol or an illegal controlled substance;

(3) abuse of alcohol or an illegal substance;

(4) failure to retreat or withdraw from a threatening situation when an option to do so is readily available; or

(5) failure to act as a prudent person.

(b) The acts and behaviors listed in subsection (a) of this regulation may be excused in cases involving domestic abuse or sexual assault.

Notes

Kan. Admin. Regs. § 20-2-8

Authorized by K.S.A. 74-7304; implementing K.S.A. 74-7304, 74-7305, as amended by L. 1993, ch. 166, § 1; effective Nov. 15, 1993.