44-549.
Hearings, venue; final award of administrative law judge; hearing powers of director and board.
(a) All hearings upon all claims for compensation under the workers compensation act shall be held by the administrative law judge in person in the county in which the accident occurred, or by video conferencing or telephone conference unless otherwise mutually agreed by the employee and employer. The award, finding, decision or order of an administrative law judge when filed in the office of the director shall be deemed to be the final award, finding, decision or order of the administrative law judge.
(b) The director and the board, for the purpose of the workers compensation act, shall have power to administer oaths, certify to official acts, take depositions, issue subpoenas, compel the attendance of witnesses and the production of books, accounts, papers, documents, and records to the same extent as is conferred on district courts of this state under the code of civil procedure.
History:
L. 1927, ch. 232, § 34; L. 1955, ch. 250, § 14; L. 1974, ch. 203, § 40; L. 1980, ch. 146, § 10; L. 1993, ch. 286, § 51; L. 2011, ch. 55, § 28; May 15.
Notes of Decisions
Univ. of Kansas v. Dep't of Human Resources, 887 P.2d 1147 (Kan. Ct. App. 1995).
· cites it 2× “44-549(a) provides: “The award, finding, decision or order of an administrative law judge when filed in the office of the director shall be deemed to be the final award, finding, decision or order of the administrative law judge.”
Sebelius v. LaFaver, 9 P.3d 1260 (Kan. 2000).
· cites it 2× “K.S.A. 44-549(b). In the code of civil procedure, a subpoena duces tecum is an order of the court to produce specific items or records.”
Cincinnati Ins. Co. v. Karns, 379 P.3d 399 (Kan. Ct. App. 2016).
“44-536(b) (Director reviews attorney fee agreements for compliance with statute); K.S.A. 2015 Supp. 44-549 (final decisions of tire ALJ are filed with the Director).”
McClure v. Rodricks, 883 P.2d 1228 (Kan. Ct. App. 1994).
“In referring to the finality of ALJ decisions, the legislature in K.S.A. 44-549 states: “The award, finding, decision or order of an administrative law judge when filed in the office of the Director shall be deemed to be the final award, finding, decision or order of the…”
Travelers Cas. Ins. v. Karns (Kan. Ct. App. 2021).
“See K.S.A. 2020 Supp. 44-549(b) ("The director and the board, for the purpose of the workers compensation act, shall have power to administer oaths, certify to official acts .”
— K.S.A. § 44-549(a) — 1 case
Univ. of Kansas v. Dep't of Human Resources, 887 P.2d 1147 (Kan. Ct. App. 1995).
“44-549(a) provides: “The award, finding, decision or order of an administrative law judge when filed in the office of the director shall be deemed to be the final award, finding, decision or order of the administrative law judge.”
— K.S.A. § 44-549(b) — 2 cases
Sebelius v. LaFaver, 9 P.3d 1260 (Kan. 2000).
“K.S.A. 44-549(b). In the code of civil procedure, a subpoena duces tecum is an order of the court to produce specific items or records.”
Travelers Cas. Ins. v. Karns (Kan. Ct. App. 2021).
“See K.S.A. 2020 Supp. 44-549(b) ("The director and the board, for the purpose of the workers compensation act, shall have power to administer oaths, certify to official acts .”
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