44-529.
Judgment on agreement or awards.
At any time before final payment of compensation has been made under, or pursuant to any award or agreement of the parties modifying same, the workman, or his dependents, may upon notice to the employer apply to the director for an award against the employer in a lump sum equal to 95 percent of the amount of payments due and unpaid and prospectively due under said award, and unless the proceedings be stayed as hereinafter provided in this act, or unless said award be canceled as herein provided in this act or the liability be redeemed as provided in this act, the director shall hear all competent evidence offered and if satisfied that the workman's, or dependent's, application for award is made because of doubt as to the security of his compensation and supported by competent evidence that he is not secure as to the payments of his compensation, shall, unless there shall be given a certificate of a licensed or authorized insurance company or reciprocal or interinsurance exchange or association that the amount of compensation to the workman is insured by it, or a proper bond or undertaking approved by the director to secure the payment of the compensation due to such workman, compute the sum and enter an award accordingly, and thereafter a certified copy of said award may be filed in the office of the clerk of the district court where the cause of action arose and said district court may, upon ten (10) days' notice to the employer, enter a judgment according to the terms and provisions of said award.
History:
L. 1927, ch. 232, § 29; June 30.
Notes of Decisions
Bell v. Brown (In Re Payne), 27 B.R. 809 (Bankr. D. Kan. 1983).
· cites it 4× “(c) The remedies of execution, attachment, garnishment or any other remedy or procedure for the collection of a debt now provided by the laws of this state shall apply to such action and also to all judgments entered under the provisions of K.S.A. § 44-529: Provided, No…”
Teague v. George, 365 P.2d 1087 (Kan. 1961).
· cites it 3× “Section 44-529 provides in substance that if the workman is in doubt as to the security for payment of his compensation at any time before final payment has been made, upon notice to the employer he may apply to the commissioner for a lump-sum award equal to 95 percent of the…”
Ellis v. Kroger Grocery & Baking Co., 152 P.2d 860 (Kan. 1944).
· cites it 2× “The remedies of execution, attachment, garnishment or any other remedy or procedure for the collection of a debt now provided by the laws of this state shall apply to such action and also to all judgments entered under the provisions of section 44-529 of the General Statutes of…”
Bryant v. Midwest Staff Solutions, Inc., 257 P.3d 255 (Kan. 2011).
“In fact, the legislature singled out one section, new K.S.A. 44-529(c), for retroactive application and was silent about the application of the remainder of the statutory amendments.”
Acosta v. Nat'l Beef Packing Co., L.P., 44 P.3d 330 (Kan. 2002).
“The interpretation is contrary to the expressed language used by the legislature and the legislative intent of K.S.A. 44-529(d). K.S.A. 44-528(d) was proposed as an exception to the general rule announced in Ferrell , and its intent was to grant limited retroactivity in cases…”
Babcock v. Dose, 293 P.2d 1007 (Kan. 1956).
· cites it 2× “The remedies of execution, attachment, garnishment or any other remedy or procedure for the collection of a debt now provided by the laws of this state shall apply to such action and also to all judgments entered under the provisions of section 44-529 of the General Statutes of…”
Lackey v. D & M Trucking, 687 P.2d 23 (Kan. Ct. App. 1984).
“44-525, as amended, and in cases of past due compensation as provided in K.S.A. 44-529.” Respondent argues that its lump-sum payment to Roxanna, as required by 44-510b(fe), redeemed part of its liability under the act, and entitles it to an eight percent discount under 44-531.”
Kelly v. Phillips Petroleum Co., 566 P.2d 10 (Kan. 1977).
· cites it 3× “44-530 must be considered in connection with the section which immediately precedes it, K.S.A. 44-529. The latter *352 statute provides in substance that after an award has been made, a workman may make application to the director for an award in lump sum equal to ninety-five…”
Barnett & Lerner v. Aetna Cas. & Sur. Ins., 656 P.2d 165 (Kan. Ct. App. 1982).
“44-512a (including an award of attorney fees to be fixed by the court); K.S.A. 44-529 (an unsecured award may be filed in district court and become the basis of a judgment).”
Farrell v. Phoenix Util. Co., 243 P. 1012 (Kan. 1926).
· cites it 2× “The *543 first section of the statutes to be examined is section 44-529 of the Revised Statutes; that section reads: “At any time before final payment of compensation has been made under or pursuant to any award, or agreement of the parties modifying same, the workman may, upon…”
— K.S.A. § 44-529(c) — 1 case
Bryant v. Midwest Staff Solutions, Inc., 257 P.3d 255 (Kan. 2011).
“In fact, the legislature singled out one section, new K.S.A. 44-529(c), for retroactive application and was silent about the application of the remainder of the statutory amendments.”
— K.S.A. § 44-529(d) — 1 case
Acosta v. Nat'l Beef Packing Co., L.P., 44 P.3d 330 (Kan. 2002).
“The interpretation is contrary to the expressed language used by the legislature and the legislative intent of K.S.A. 44-529(d). K.S.A. 44-528(d) was proposed as an exception to the general rule announced in Ferrell , and its intent was to grant limited retroactivity in cases…”
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