Question: An employee was standing by machinery when a high pressure tank ruptured making a loud sound. The employee did not have his hearing protection on properly and as a result, suffered from a punctured ear drum. Is it compensable? -Nate B. 3/22/21
Answer: Under Kansas law (Per K.S.A. 44-508), an injury by accident shall be deemed to arise out of employment if:
• There is a causal connection between the conditions under which the work is required to be performed and the resulting accident; and
• The accident is the prevailing factor causing the injury, medical condition and resulting disability or impairment.
This injury appears to meet this criteria, and would therefore be compensable under Kansas law. -McKell S. 3/30/21
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