K.S.A. » Chapter 44
Kansas Statutes Annotated

K.S.A. § 44-534 (2026)

Proceedings; time limitations; electronic filing system authorized

✓ current as of May 2026
Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

44-534. Proceedings; time limitations; electronic filing system authorized. (a) Whenever the employer, worker, Kansas workers compensation fund or insurance carrier cannot agree upon the worker's right to compensation under the workers compensation act or upon any issue in regard to workers compensation benefits due the injured worker thereunder, the employer, worker, Kansas worker's compensation fund or insurance carrier may apply in writing to the director for a determination of the benefits or compensation due or claimed to be due. The application shall be filed in the form prescribed by the rules and regulations of the director, including requirements for electronic filing, and the application shall set forth the substantial and material facts in relation to the claim. Whenever an application is filed under this section, the matter shall be assigned to an administrative law judge. The director shall forthwith mail a certified copy of the application to the adverse party. The administrative law judge shall proceed, upon due and reasonable notice to the parties, which shall not be less than 20 days, to hear all evidence in relation thereto and to make findings concerning the amount of compensation, if any due to the worker.

(b) No proceeding for compensation shall be maintained under the workers compensation act unless an application for a hearing is on file in the office of the director within three years of the date of the accident or within two years of the date of the last payment of compensation, whichever is later.

(c) After implementation of rules and regulations by the director, if the workers compensation electronic filing system is inaccessible on the last day for filing, then the time for filing shall be extended to the first accessible day that is not a Saturday, Sunday or legal holiday. As used in this subsection:

(1) "Last day" means:

(A) For electronic or facsimile filing, at midnight in the division's time zone on the final day for filing; and

(B) for filing by other means, at 5 p.m. in the division's time zone on the final day for filing; and

(2) "legal holiday" means any day declared a holiday by the president of the United States, the congress of the United States or the legislature of this state, or any day observed as a holiday by order of the governor. A half holiday shall be treated as other days and not as a holiday.

History: L. 1927, ch. 232, § 41; L. 1974, ch. 203, § 33; L. 1993, ch. 286, § 48; L. 1997, ch. 125, § 8; L. 1998, ch. 114, § 3; L. 2016, ch. 98, § 2; July 1.

Notes of Decisions
Cited in 35 cases (4 in the last 5 years), 1926–2024 · leading case: Glaze v. J.K. Williams, LLC, 439 P.3d 920 (Kan. 2019).
Sort: Relevance Newest Treatment
Glaze v. J.K. Williams, LLC, 439 P.3d 920 (Kan. 2019). · cites it 6× “44-523(f)(1) provides: "In any claim that has not proceeded to a regular hearing, a settlement hearing, or an agreed award under the workers compensation act within three years from the date of filing an application for hearing pursuant to K.S.A. 44-534, and amendments thereto,…”
Childress v. Childress Painting Co., 597 P.2d 637 (Kan. 1979). · cites it 15× “A workman was accidentally killed in the course of his employment on March 27, 1974.”
Schmidtlien Elec., Inc. v. Greathouse, 104 P.3d 378 (Kan. 2005). · cites it 3× “44-534a, states: “(a) (1) After an application for a hearing has been filed pursuant to K.S.A. 44-534 and amendments thereto, the employee or the employer may make application for a preliminary hearing, in such form as the director may require, on the issues of the furnishing of…”
Knoll v. Olathe Sch. Dist. No. 233, 439 P.3d 313 (Kan. 2019). · cites it 5× “If a workers compensation claimant filed an application for hearing under K.S.A. 44-534 after K.S.A. 2011 Supp. 44-523(f)(1) took effect, the 2011 statute governs the claim.”
Brown v. Goodyear Tire & Rubber Co., 599 P.2d 1031 (Kan. Ct. App. 1979). · cites it 3× “However, K.S.A. 1978 Supp. 44-534 provides that the workmen’s compensation director does have authority to resolve disputes between claimants and respondents relative to the payment of benefits awarded under the act.”
Johnson v. Brooks Plumbing, LLC, 135 P.3d 1203 (Kan. 2006). · cites it 2× “44-520 (employee must provide “notice” of injuiy to employer in order to proceed with claim; no method specified); K.S.A. 44-534 (ALJ “shall proceed, upon due and reasonable notice to the parties, which shall not be less than 20 days, to hear all evidence”; no method specified);…”
Green v. Gen. Motors Corp., 437 P.3d 94 (Kan. Ct. App. 2019). · cites it 3× “44-523(f), the version the Board applied: "Any claim that has not proceeded to final hearing, a settlement hearing, or an agreed award under the workers compensation act within five years from the date of filing an application for hearing pursuant to K.S.A. 44-534, and…”
Neal v. Hy-Vee, Inc., 81 P.3d 425 (Kan. 2003). “Initial ALJ Award Upon proper application for a hearing being filed pursuant to K.S.A. 44-534, a regular hearing was held in this case on January 12, 1999, before the Honorable Robert H.”
Brown v. Goodyear Tire & Rubber Co., 608 P.2d 1356 (Kan. 1980). · cites it 2× “I have no quarrel with the ruling of the examiner who found he had authority under K.S.A. 1978 Supp. 44-534( a ) to consider the controversy presented.”
Childress v. Childress Painting Co., 590 P.2d 1093 (Kan. Ct. App. 1979). · cites it 18× “, appeal the trial court’s determination that the claim was not barred by the three year statute of limitations established by K.S.A. 1978 Supp. 44-534. At the outset it should be noted that the statute embodying the three year limitation which was in effect on the date of the…”
Helms v. Tollie Freightways, Inc., 889 P.2d 1151 (Kan. Ct. App. 1995). · cites it 2× “44-532, K.S.A. 44-534, and K.S.A. 44-534a. Several sections of the Act deal specifically with insurance carriers.”
Bahr v. Iowa Beef Processors, Inc., 663 P.2d 1144 (Kan. Ct. App. 1983). · cites it 2× “The next notice which must be afforded is the form of an application for a hearing pursuant to K.S.A. 44-534. K.A.R. 51-1-7 provides that such an application must be made on “Form E-l.”
Show all 35 citing cases →
— K.S.A. § 44-534(a) — 8 cases
Brown v. Goodyear Tire & Rubber Co., 608 P.2d 1356 (Kan. 1980). “I have no quarrel with the ruling of the examiner who found he had authority under K.S.A. 1978 Supp. 44-534( a ) to consider the controversy presented.”
Bethany Med. Ctr. v. Knox, 694 P.2d 1331 (Kan. Ct. App. 1985).
Williams v. Gen. Elec. Co., 9 P.3d 1267 (Kan. Ct. App. 1999).
West-Mills v. Dillon Companies, Inc., 859 P.2d 382 (Kan. Ct. App. 1993).
Childress v. Childress Painting Co., 590 P.2d 1093 (Kan. Ct. App. 1979). “, appeal the trial court’s determination that the claim was not barred by the three year statute of limitations established by K.S.A. 1978 Supp. 44-534. At the outset it should be noted that the statute embodying the three year limitation which was in effect on the date of the…”
— K.S.A. § 44-534(b) — 8 cases
Schmidtlien Elec., Inc. v. Greathouse, 104 P.3d 378 (Kan. 2005). “44-534a, states: “(a) (1) After an application for a hearing has been filed pursuant to K.S.A. 44-534 and amendments thereto, the employee or the employer may make application for a preliminary hearing, in such form as the director may require, on the issues of the furnishing of…”
Childress v. Childress Painting Co., 597 P.2d 637 (Kan. 1979). “A workman was accidentally killed in the course of his employment on March 27, 1974.”
Schneider v. City of Lawrence, 435 P.3d 1173 (Kan. Ct. App. 2019).
Childress v. Childress Painting Co., 590 P.2d 1093 (Kan. Ct. App. 1979). “, appeal the trial court’s determination that the claim was not barred by the three year statute of limitations established by K.S.A. 1978 Supp. 44-534. At the outset it should be noted that the statute embodying the three year limitation which was in effect on the date of the…”
Welty v. USD 259, 302 P.3d 1080 (Kan. Ct. App. 2012).
— K.S.A. § 44-534(fe) — 2 cases
Childress v. Childress Painting Co., 597 P.2d 637 (Kan. 1979). “A workman was accidentally killed in the course of his employment on March 27, 1974.”
Childress v. Childress Painting Co., 590 P.2d 1093 (Kan. Ct. App. 1979). “, appeal the trial court’s determination that the claim was not barred by the three year statute of limitations established by K.S.A. 1978 Supp. 44-534. At the outset it should be noted that the statute embodying the three year limitation which was in effect on the date of the…”
— K.S.A. § 44-534(fi) — 1 case
Sparks v. Wichita White Truck Trailer Ctr., Inc., 642 P.2d 574 (Kan. Ct. App. 1982).
— K.S.A. § 44-534(h) — 1 case
Childress v. Childress Painting Co., 590 P.2d 1093 (Kan. Ct. App. 1979). “, appeal the trial court’s determination that the claim was not barred by the three year statute of limitations established by K.S.A. 1978 Supp. 44-534. At the outset it should be noted that the statute embodying the three year limitation which was in effect on the date of the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.