44-532a.
Liability of workers compensation fund for uninsured or insufficiently self-insured insolvent employers; cause of action against such employers.
(a) If an employer has no insurance or has an insufficient self-insurance bond or letter of credit to secure the payment of compensation, as provided in subsection (b)(1) and (2) of K.S.A. 44-532, and amendments thereto, and such employer is financially unable to pay compensation to an injured worker as required by the workers compensation act, or such employer cannot be located and required to pay such compensation, the injured worker may apply to the director for an award of the compensation benefits, including medical compensation, to which such injured worker is entitled, to be paid from the workers compensation fund. Whenever a worker files an application under this section, the matter shall be assigned to an administrative law judge for hearing. If the administrative law judge is satisfied as to the existence of the conditions prescribed by this section, the administrative law judge may make an award, or modify an existing award, and prescribe the payments to be made from the workers compensation fund as provided in K.S.A. 44-569, and amendments thereto. The award shall be certified to the commissioner of insurance, and upon receipt thereof, the commissioner of insurance shall cause payment to be made to the worker in accordance therewith.
(b) The commissioner of insurance, acting as administrator of the workers compensation fund, shall have a cause of action against the employer for recovery of any amounts paid from the workers compensation fund pursuant to this section. Such action shall be filed in the district court of the county in which the accident occurred or where the contract of employment was entered into.
History:
L. 1974, ch. 203, § 32; L. 1982, ch. 213, § 2; L. 1983, ch. 168, § 1; L. 1993, ch. 286, § 47; L. 2011, ch. 55, § 21; L. 2013, ch. 104, § 13; April 25.
Notes of Decisions
Schmidt v. Trademark, Inc., 506 P.3d 267 (Kan. 2022).
· cites it 46× “, a principal and a subcontractor—the term "employer" in K.S.A. 2020 Supp. 44-532a is ambiguous. In such a situation, the term "employer" in K.”
Bell v. Brown (In Re Payne), 27 B.R. 809 (Bankr. D. Kan. 1983).
· cites it 24× “The issues presented for determination are: Is an insolvent employer’s obligation to the Kansas Insurance Commission arising under the Kansas Worker’s Compensation Act and K.S.A. § 44-532a an excise tax within the meaning of 11 U.”
Schmidt v. Trademark, Inc., 493 P.3d 958 (Kan. Ct. App. 2021).
· cites it 37× “" The language in K.S.A. 2020 Supp. 44-532a does not specifically authorize attorney fees.”
Workers Comp. Fund v. Silicone Distrib., Inc., 809 P.2d 1199 (Kan. 1991).
· cites it 35× “: This first impression workers compensation case examines the interrelationship of K.S.A. 44-532a and K.S.A. 44-503. The examination requires discussion and resolution of questions relating to the liability of the Workers Compensation Fund (the Fund).”
Olds-Carter v. Lakeshore Farms, Inc., 250 P.3d 825 (Kan. Ct. App. 2011).
· cites it 9× “See K.S.A. 44-532a. K.S.A. 44-532a states in relevant part: “(a) If an employer has no insurance to secure the payment of compensation, as provided in subsection (b)(1) of K.”
Helms v. Pendergast, 899 P.2d 501 (Kan. Ct. App. 1995).
· cites it 10× “He alleged that the ALJ erred in failing to reaffirm a penalty; in *306 crediting the $600 paid by Sixta against the compensation rather than the penalty; and in failing to find that Sixta was financially unable to pay the compensation awarded and that Helms was entitled to an…”
Wasson v. United Dominion Indus., 974 P.2d 578 (Kan. 1999).
· cites it 5× “Also, unlike K.S.A. 44-532a which imposes liability upon the Fund where an insolvent employer has no insurance, K.”
Duarte v. DeBruce Grain, Inc., 78 P.3d 428 (Kan. 2003).
“2d 1199 (1991) (rejecting the Fund’s argument in a subcontracting case that “employer” in subsections (a) and (b) of K.S.A. 44-532a must refer to the same entity).”
Hill v. Kansas Dep't of Labor, 210 P.3d 647 (Kan. Ct. App. 2009).
“See K.S.A. 44-532a (allowing injured *238 workers to apply to the director for an award from the workers compensation fund in cases where the “employer has no insurance to secure the payment of compensation, as provided in subsection [b][1] of K.”
Murphy v. Silver Creek Oil & Gas, Inc., 837 P.2d 1319 (Kan. Ct. App. 1992).
“The director could not impose liability on the Fund without first determining that Murphy was an employee of Silver Creek and a statutory employee of Silver Creek Management, and further finding that both employers were uninsured' and financially unable to pay compensation to…”
Sebelius v. LaFaver, 9 P.3d 1260 (Kan. 2000).
· cites it 3× “Under K.S.A. 44-532a, if an employer has less than a $20,000 total gross annual payroll, the employer is not required to provide workers compensation insurance.”
Hall v. Knoll Bldg. Maint., Inc., 285 P.3d 383 (Kan. Ct. App. 2012).
“As such, the Fund was impleaded into the workers compensation case pursuant to K.S.A. 44-532a and actively participated in the workers compensation proceedings.”
— K.S.A. § 44-532a(a) — 12 cases
Schmidt v. Trademark, Inc., 506 P.3d 267 (Kan. 2022).
“, a principal and a subcontractor—the term "employer" in K.S.A. 2020 Supp. 44-532a is ambiguous. In such a situation, the term "employer" in K.”
Schmidt v. Trademark, Inc., 493 P.3d 958 (Kan. Ct. App. 2021).
“" The language in K.S.A. 2020 Supp. 44-532a does not specifically authorize attorney fees.”
Olds-Carter v. Lakeshore Farms, Inc., 250 P.3d 825 (Kan. Ct. App. 2011).
“See K.S.A. 44-532a. K.S.A. 44-532a states in relevant part: “(a) If an employer has no insurance to secure the payment of compensation, as provided in subsection (b)(1) of K.”
Bell v. Brown (In Re Payne), 27 B.R. 809 (Bankr. D. Kan. 1983).
“The issues presented for determination are: Is an insolvent employer’s obligation to the Kansas Insurance Commission arising under the Kansas Worker’s Compensation Act and K.S.A. § 44-532a an excise tax within the meaning of 11 U.”
Workers Comp. Fund v. Silicone Distrib., Inc., 809 P.2d 1199 (Kan. 1991).
“: This first impression workers compensation case examines the interrelationship of K.S.A. 44-532a and K.S.A. 44-503. The examination requires discussion and resolution of questions relating to the liability of the Workers Compensation Fund (the Fund).”
— K.S.A. § 44-532a(b) — 7 cases
Schmidt v. Trademark, Inc., 506 P.3d 267 (Kan. 2022).
“, a principal and a subcontractor—the term "employer" in K.S.A. 2020 Supp. 44-532a is ambiguous. In such a situation, the term "employer" in K.”
Bell v. Brown (In Re Payne), 27 B.R. 809 (Bankr. D. Kan. 1983).
“The issues presented for determination are: Is an insolvent employer’s obligation to the Kansas Insurance Commission arising under the Kansas Worker’s Compensation Act and K.S.A. § 44-532a an excise tax within the meaning of 11 U.”
Schmidt v. Trademark, Inc., 493 P.3d 958 (Kan. Ct. App. 2021).
“" The language in K.S.A. 2020 Supp. 44-532a does not specifically authorize attorney fees.”
Olds-Carter v. Lakeshore Farms, Inc., 250 P.3d 825 (Kan. Ct. App. 2011).
“See K.S.A. 44-532a. K.S.A. 44-532a states in relevant part: “(a) If an employer has no insurance to secure the payment of compensation, as provided in subsection (b)(1) of K.”
Workers Comp. Fund v. Silicone Distrib., Inc., 809 P.2d 1199 (Kan. 1991).
“: This first impression workers compensation case examines the interrelationship of K.S.A. 44-532a and K.S.A. 44-503. The examination requires discussion and resolution of questions relating to the liability of the Workers Compensation Fund (the Fund).”
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