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On appeal , Davis argues that the trial court erred in finding that the hearing officer did not violate Davis ' right to due process in refusing his request to call witnesses during the disciplinary hearing . The only issue raised on appeal is as to whether the Administrative Law Judge ( ALJ ) and the Board erred in finding that Tharp had overcome the presumption of no work disability , pursuant to K.S.A . In the Agency 's view , the Arbitrator erred in finding that the Union met its burden of proving that the Agency intentionally discriminated against the grievant by hiring the individual it selected for the position . The General Counsel argues that the Judge erred in finding that sanitized copies of employee appraisals would satisfy the Union 's stated need for the information . Mitchell advances seven reasons why the trial court erred in holding that the 1984 rejection by the insured UPS effectively set underinsured motorist coverage at $ 25,000 per person and $ 50,000 per accident : ( 1 ) the 1984 rejection was ineffective because the 1986 amendment which exempted insurers from offering underinsured coverage in excess of the minimum in subsequent policies with the same insured should not be applied retroactively to the policy in 1984 ; ( 2 ) it was the established practice of Liberty that unless UPS rejected the limits , the policy would be issued with underinsured motorist limits equal to the liability limit ; ( 3 ) the 1989 form was not only ineffective to operate as a rejection , it actually operated as a request for underinsured limits equal to the liability limit of the policy ; ( 3 ) no rejection form was ever " encompassed within the insurance policy " as required by the commissioner of insurance ; ( 4 ) the 1984 rejection was not properly in evidence because Liberty failed to comply with K.S.A . I ended by saying that I hoped that this sense of welcome would lay the foundations for a strong learning relationship based on mutual trust and commitment . As to the alleged failure to provide adequate supervision or devices to prevent accidents , HCFA argued that the ALJ erred in finding that Koester took all reasonable measures to prevent falls . They might disagree in assessing what would follow an American departure , or even whether that was worth thinking about at all , but they harmonized in believing that the destruction wrought by the Americans in Vietnam was the most imposing fact on the ground . Davey argues that the district court erred in holding that the offer to buy gas was an inducement for Jon to breach the promise that he had made to his parents not to let anyone use the car and that the purchase of $ 2 or $ 3 worth of gasoline was not a material benefit to the Heddens . Her characters came in knowing that they would create a story and push people to think and feel in a way that they had n't explored .