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CHAPTER X.

ADMINISTRATION OF COMPENSATION &

PROCEEDINGS TO SECURE COMPENSATION



Note: Hyperlinks are currently being added to enable users to obtain both Board decisions and Appellate Court decisions by clicking on the case name. This is a time-consuming process that may take several months to complete. In addition, not all cases are currently available on the Internet for viewing, therefore there will be no hyperlink for those cases.

If you have any questions regarding this, please contact Jan Zimmers (Workers Compensation Board Research Analyst/Webmaster) at 785-296-8484.



Go to Table of Contents, Keyword Index



10.01 Generally

10.01a Law In Affect At Time Of Injury Governs Proceedings



10.02 Notice of Accident or Injury

10.03 Generally









.





10.04 Notice to Employer of Injury











10.05 Actual Notice (Actual Knowledge) by Employer



10.06 Timing of









10.07 Just Cause for Not Reporting in a Timely Manner











10.07a Notice for Occupational Diseases





10.08 Written Claims for Compensation

































10.09 Application for Hearing







10.10 Time Limitations & Notice of Hearings & Proceedings

10.11 Generally

10.12 Notice of Proceedings & Hearings

10.13 Generally

10.14 Notice of Preliminary Hearings









10.15 Notice to Parties of Regular Hearings and Other Proceedings



10.15a Time Limitations for Filing Application for Review



10.16 Administrative Law Judge (ALJ)

10.17 Generally

10.18 Authority / Jurisdiction & Discretion of,





























10.19 Issues Related to

10.19a Generally











10.19b Special Administrative Law Judge





10.19c Delay in Issuance of Orders







10.19 ALJ's Failure to List Specific Findings of Fact in Decision or Reasons for Decision





10.19e Management of Docket









10.19f Deference Given to ALJ's Conclusions







10.20 Burden of Proof

10.21 Generally



10.22 Defined

10.23 Liberal Construction



10.24 Claimants



















10.24a Respondents



10.25 Admission of Evidence

10.25a Generally

















10.25b Medical Reports, Testimony & Opinions













10.25c Chemical Tests





10.25d Testimony of Claimant



10.25e Hearsay







10.25f Transcripts



10.25g Surveillance Videos



10.25h Unemployment Records





10.25i Rebuttal Evidence



10.25j Records Not Attached to the Application for Preliminary Hearing or Otherwise Formally Offered into Evidence





10.25k Employer Report of Accident



10.25l Business Records / Documents



10.26 Due Process Considerations











10.26a Preliminary Hearings

10.27 Generally



10.28 Administrative Law Judge (ALJ), Jurisdiction of at Preliminary Hearings



(See 10.18)

10.29 Appeals Board, Jurisdiction of



See Also, Preliminary Hearing Orders, Chapter XV; & 15.27



10.30 Change of Physicians



10.31 Disability Benefits (See also "Disability Benefits," 15.43)





10.32 Medical Benefits (See also "Medical Benefits," 15.42)



10.32a Limitation on Number of Preliminary Hearings









10.33 Regular Hearings

10.33a Generally

10.33b Stipulations Entered Into at Regular Hearing



10.34 Oral Arguments



10.35 Settlements

10.36 Generally





10.37 Lump Sum Settlements

10.37a Best Interests Hearing



10.37b Review & Modification of Lump Sum Settlements not Permitted







10.38 Penalties, Sanctions & Interest











10.39 Attorney Fees



















10.40 Statute of Limitations

10.40a Generally,

10.40b Tolling of, (ie. K.S.A. 44-509 -- incapacitation or incompetency of claimant)



10.41 Res Judicata



10.42 Bankruptcy Proceedings





10.43 Termination of Proceedings



10.44 Applicability of the Code of Civil Procedure to the Kansas Workers Compensation Act





10.45 Promissory Estoppel





10.46 Stipulations