Kansas Statutes Annotated

K.S.A. § 44-566a (2026)

Workers compensation fund; annual assessment; administration; actions against fund, parties, impleading of principal by fund, settlement; liabilities of fund; annual report; actuarial review

✓ current as of May 2026

Find cases: SyfertCases citing this section KS-LEGkslegislature.org JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

44-566a. Workers compensation fund; annual assessment; administration; actions against fund, parties, impleading of principal by fund, settlement; liabilities of fund; annual report; actuarial review. (a) There is hereby created in the state treasury the workers compensation fund. The commissioner of insurance shall be responsible for administering the workers compensation fund, and all payments from the workers compensation fund shall be upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the commissioner of insurance or a person or persons designated by the commissioner. The commissioner of insurance annually shall report to the governor and the legislature the receipts and disbursements from the workers compensation fund during the preceding fiscal year.

(b) (1) On June 1 of each year, the commissioner of insurance shall impose an assessment against all insurance carriers, self-insurers and group-funded workers compensation pools insuring the payment of compensation under the workers compensation act, and the same shall be due and payable to the commissioner on the following July 1, the proceeds of which shall be credited to the workers compensation fund. The total amount of each such assessment shall be equal to an amount sufficient, in the opinion of the commissioner of insurance, to pay all amounts, including attorney fees and costs, which may be required to be paid from such fund during the current fiscal year, less the amount of the estimated unencumbered balance in the workers compensation fund as of the June 30 immediately preceding the date the assessment is due and payable under this section. The total amount of each such assessment shall be apportioned among those upon whom it is imposed, such that each is assessed an amount that bears the same relation to such total assessment as the amount of money paid or payable in workers compensation claims by such insurance carrier, self-insurer or group-funded workers compensation pool in the immediately preceding calendar year bears to all such claims paid or payable during such calendar year. The commissioner of insurance may establish experience-based rates of assessments under this subsection and make adjustments in the assessments imposed under this subsection based on the success of accident prevention programs under K.S.A. 44-5,104, and amendments thereto, and other employer safety programs.

(2) The commissioner of insurance shall remit all moneys received by or for such commissioner under this subsection to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the workers compensation fund.

(c) (1) Whenever the workers compensation fund may be made liable for the payment of any amounts in proceedings under the workers compensation act, the commissioner of insurance, in the capacity of administrator of such fund, shall be impleaded in such proceedings and shall represent and defend the workers compensation fund. The commissioner of insurance shall be deemed impleaded in any such proceedings whenever written notice of the proceedings setting forth the nature of the liability asserted against the workers compensation fund, is given to the commissioner of insurance. The commissioner of insurance may be made a party in this manner by any party to the proceedings. A copy of the written notice shall be given to the director and to all other parties to the proceedings.

(2) If the workers compensation fund has been impleaded in a proceeding as provided by paragraph (1) and the fund has reasonable belief that the liability for the injured worker's benefits should be covered by a principal, as set forth in K.S.A. 44-503, and amendments thereto, the fund shall be permitted to file an application to implead the principal as a party in the proceeding. The fund's application to implead shall be heard within 60 days from the date that the principal is notified of the fund's application to implead.

(3) The administrative law judge shall dismiss the workers compensation fund from any proceeding where the administrative law judge has determined that there is insufficient evidence to indicate involvement by the workers compensation fund.

(4) In any case in which the workers compensation fund has been impleaded by the employer or insurance carrier and where an award has been entered deciding all of the issues in the employee's claim against the employer, but not deciding the issues between the employer and the fund, the fund may file an application with the administrative law judge requesting that the fund be dismissed from the case with prejudice. The employer shall have a period of six months from the filing of the application in which to complete the employer's evidence on the fund issues and submit the case to the administrative law judge for decision. The fund shall then have a period of 60 days after the submission of the employer's evidence to submit its own evidence concerning the fund issues in the case. If the employer fails to do so, the administrative law judge shall dismiss the fund from the case with prejudice on the judge's own motion.

(d) The commissioner of insurance, in the capacity of administrator of the workers compensation fund, may make settlements of any amounts which may be payable from the workers compensation fund with regard to any claim under the workers compensation act, subject to the approval of the director.

(e) The workers compensation fund shall be liable for:

(1) Payment of awards to handicapped employees in accordance with the provisions of K.S.A. 44-569, and amendments thereto, for claims arising prior to July 1, 1994;

(2) payment of workers compensation benefits to an employee who is unable to receive such benefits from such employee's employer under the conditions prescribed by K.S.A. 44-532a, and amendments thereto;

(3) reimbursement of an employer or insurance carrier pursuant to the provisions of K.S.A. 44-534a, and amendments thereto, K.S.A. 44-556(d), and amendments thereto, K.S.A. 44-569(c), and amendments thereto, and K.S.A. 44-569a, and amendments thereto;

(4) payment of the actual expenses of the commissioner of insurance which are incurred for administering the workers compensation fund, subject to the provisions of appropriations acts; and

(5) any other payments or disbursements provided by law.

(f) If it is determined that the workers compensation fund is not liable as described in subsection (e), attorney fees incurred by the workers compensation fund may be assessed against the party who has impleaded the workers compensation fund other than impleadings pursuant to K.S.A. 44-532a, and amendments thereto.

(g) The commissioner of insurance shall provide for the implementation of the workers compensation fund as provided in this section and shall be responsible for ensuring the fund's adequacy to meet and pay claims awarded against it.

(h) The commissioner of insurance shall make an annual report to the legislative coordinating council, senate committee on commerce and house committee on commerce and labor during January of each year. The report shall include recommendations to the legislature on the advisability of continuation or termination of the workers compensation fund or any provisions of the workers compensation act relating thereto, an analysis of the federal Americans with disabilities act and its effect on the workers compensation fund and recommendations on ways to reduce claim and operational costs of the workers compensation fund.

(i) The commissioner of insurance, or the commissioner's designee, shall provide any consulting actuarial firm contracting with the director of workers compensation or the legislative coordinating council with such information or materials pertaining to the workers compensation fund deemed necessary by the actuarial firm for performing the requirements of any actuarial reviews of the workers compensation fund for the director of workers compensation or the legislative coordinating council notwithstanding any confidentiality prohibition, restriction or limitation imposed on such information or materials by any other law. The consulting actuarial firm and all employees and former employees thereof shall be subject to the same duty of confidentiality imposed by law on other persons or state agencies with regard to information and materials so provided and shall be subject to any civil or criminal penalties imposed by law for violations of such duty of confidentiality. Any reports of the consulting actuarial firm shall be made in a manner in which will not reveal directly or indirectly the name of any persons or entities or individual reserve information involved in claims against the workers compensation fund. Information provided to the actuary shall not be subject to discovery, subpoena or other means of legal compulsion in any civil proceedings and shall be returned by the actuary to the commissioner of insurance.

History: L. 1974, ch. 203, § 46; L. 1975, ch. 260, § 3; L. 1977, ch. 179, § 1; L. 1979, ch. 156, § 14; L. 1980, ch. 146, § 14; L. 1982, ch. 213, § 6; L. 1983, ch. 166, § 15; L. 1984, ch. 182, § 1; L. 1988, ch. 380, § 1; L. 1990, ch. 28, § 16; L. 1993, ch. 286, § 61; L. 1996, ch. 79, § 13; L. 1997, ch. 125, § 15; L. 2001, ch. 5, § 137; L. 2006, ch. 59, § 1; L. 2024, ch. 27, § 23; July 1.

Notes of Decisions

Cited in 33 cases (2 in the last 5 years), 1977–2024 · leading case: Wasson v. United Dominion Indus., 974 P.2d 578 (Kan. 1999).

Sort: Relevance Newest Treatment

Wasson v. United Dominion Indus., 974 P.2d 578 (Kan. 1999). · cites it 7× “r voluntarily or pursuant to a preliminary award entered under this section and, upon a full hearing on tire claim, the amount of compensation to which the employee is entitled is found to be less than the amount of compensation paid or is totally disallowed, the employer and…”

Bell v. Brown (In Re Payne), 27 B.R. 809 (Bankr. D. Kan. 1983). · cites it 4× “Laws 972, amending K.S.A. § 44-566a(b) (1981). Second, the Fund receives money from judgments collected against uninsured, insolvent employers under K.”

Arduser v. Daniel Int'l Corp., 640 P.2d 329 (Kan. Ct. App. 1982). · cites it 4× “Claimant argues that his substantive right to an award against the Fund is granted by K.S.A. 1980 Supp. 44-566a(e)(l) and -569.”

Travelers Cas. Ins. v. Karns - (, 431 P.3d 301 (Kan. Ct. App. 2018). · cites it 5× “And as we have also indicated, the *306 Fund must be impleaded, as provided in K.S.A. 2017 Supp. 44-566a(c)(1), if it may be responsible for reimbursing benefits.”

Schmidtlien Elec., Inc. v. Greathouse, 104 P.3d 378 (Kan. 2005). “arrier either voluntarily or pursuant to an award entered under this section and, upon a full hearing on the claim, the amount of compensation to which the employee is entitled is found to be less than the amount of compensation paid or is totally disallowed, the employer and…”

Kansas Bldg. Indus. Workers Comp. Fund v. State, 359 P.3d 33 (Kan. 2015). “” K.S.A. 2014 Supp. 44-566a(b)(1). The assessments are received by the Commissioner and remitted to the State Trea *661 surer, who deposits them in the State Treasury to the credit of the WC Fund.”

Gust v. Coleman Co., Inc., 740 F. Supp. 1544 (D. Kan. 1990). · cites it 2× “Each year Coleman, as a self-insurer, is assessed and contributes an amount of money to the support of the Workers’ Compensation Fund (Fund) pursuant to K.S.A. 44-566a. Of the Fund’s total assessment, Coleman is assessed a percentage or proportion equal to the proportion or…”

Workers Comp. Fund v. Silicone Distrib., Inc., 809 P.2d 1199 (Kan. 1991). · cites it 3× “203, § 46, codified at K.S.A. 44-566a. The Fund was made liable for three classifications of payments: (1) awards to handicapped employees; (2) benefits to an employee who is unable to recover benefits from such employee’s employer under K.”

Lott-Edwards v. Americold Corp., 6 P.3d 947 (Kan. Ct. App. 2000). · cites it 2× “See K.S.A. 1999 Supp. 44-566a(e)(l) and K.S.A.”

Johnston v. Tony's Pizza Serv., 658 P.2d 1047 (Kan. 1983). “pendency of an appeal to the district court or to the appellate courts and the amount of compensation awarded by the director or the district court is reduced or totally disallowed by the decision on the appeal, the employer and the employer’s insurance carrier, except as…”

Denton v. Sunflower Elec. Coop., Inc., 748 P.2d 420 (Kan. 1988). ““(d) An employer shall not be relieved of liability for compensation awarded nor shall an employer be entitled to an apportionment of the costs thereof as provided in this section, unless the employer shall cause the commissioner of insurance, in the capacity of administrator of…”

Schmidt v. Trademark, Inc., 493 P.3d 958 (Kan. Ct. App. 2021). “" Thus, recovery of the Fund's attorney fees is not permitted in this case. In an alternative argument, the Fund suggests that an award of attorney fees should be allowed because Trademark could have entered the workers compensation proceeding and defended the action after being…”

Show all 33 citing cases →

— K.S.A. § 44-566a(a) — 2 cases

Wasson v. United Dominion Indus., 974 P.2d 578 (Kan. 1999). “r voluntarily or pursuant to a preliminary award entered under this section and, upon a full hearing on tire claim, the amount of compensation to which the employee is entitled is found to be less than the amount of compensation paid or is totally disallowed, the employer and…”

Wiebe v. Kansas Dep't of Labor (In re Wiebe), 485 B.R. 667 (Bankr. D. Kan. 2013).

— K.S.A. § 44-566a(b) — 5 cases

Bell v. Brown (In Re Payne), 27 B.R. 809 (Bankr. D. Kan. 1983). “Laws 972, amending K.S.A. § 44-566a(b) (1981). Second, the Fund receives money from judgments collected against uninsured, insolvent employers under K.”

Twin City Fire Ins. v. Bell, 658 P.2d 1038 (Kan. 1983).

Kansas Bldg. Indus. Workers Comp. Fund v. State, 310 P.3d 404 (Kan. Ct. App. 2013).

Employers Reinsurance Corp. v. Kansas Comm'r of Ins., 21 P.3d 505 (N.D. 2001).

— K.S.A. § 44-566a(b)(1) — 2 cases

Employers Reinsurance Corp. v. Kansas Comm'r of Ins., 21 P.3d 505 (N.D. 2001).

— K.S.A. § 44-566a(b)(2) — 1 case

Gust v. Coleman Co., Inc., 740 F. Supp. 1544 (D. Kan. 1990). “Each year Coleman, as a self-insurer, is assessed and contributes an amount of money to the support of the Workers’ Compensation Fund (Fund) pursuant to K.S.A. 44-566a. Of the Fund’s total assessment, Coleman is assessed a percentage or proportion equal to the proportion or…”

— K.S.A. § 44-566a(b)(l) — 2 cases

Workers Comp. Fund v. Silicone Distrib., Inc., 809 P.2d 1199 (Kan. 1991). “203, § 46, codified at K.S.A. 44-566a. The Fund was made liable for three classifications of payments: (1) awards to handicapped employees; (2) benefits to an employee who is unable to recover benefits from such employee’s employer under K.”

Employers Reinsurance Corp. v. Kansas Comm'r of Ins., 21 P.3d 505 (N.D. 2001).

— K.S.A. § 44-566a(c) — 1 case

Arduser v. Daniel Int'l Corp., 640 P.2d 329 (Kan. Ct. App. 1982). “Claimant argues that his substantive right to an award against the Fund is granted by K.S.A. 1980 Supp. 44-566a(e)(l) and -569.”

— K.S.A. § 44-566a(c)(1) — 4 cases

Travelers Cas. Ins. v. Karns - (, 431 P.3d 301 (Kan. Ct. App. 2018). “And as we have also indicated, the *306 Fund must be impleaded, as provided in K.S.A. 2017 Supp. 44-566a(c)(1), if it may be responsible for reimbursing benefits.”

Everest Indem. Ins. Co. v. Jake's Fireworks, Inc. (D. Kan. 2020).

Travelers Cas. Ins. v. Karns (Kan. Ct. App. 2018).

— K.S.A. § 44-566a(e) — 5 cases

Shain v. Boeing Military Airplanes, 924 P.2d 1280 (Kan. Ct. App. 1996).

Everest Indem. Ins. Co. v. Jake's Fireworks, Inc. (D. Kan. 2020).

Wrex v. T.G.&Y., 766 P.2d 1294 (Kan. Ct. App. 1989).

Benavidez v. Isaac (Kan. Ct. App. 2024).

— K.S.A. § 44-566a(e)(3) — 2 cases

Wrex v. T.G.&Y., 766 P.2d 1294 (Kan. Ct. App. 1989).

— K.S.A. § 44-566a(e)(4) — 1 case

Lively v. MBPXL Corp., 638 P.2d 999 (Kan. Ct. App. 1982).

— K.S.A. § 44-566a(e)(5) — 1 case

Wrex v. T.G.&Y., 766 P.2d 1294 (Kan. Ct. App. 1989).

— K.S.A. § 44-566a(e)(l) — 2 cases

Arduser v. Daniel Int'l Corp., 640 P.2d 329 (Kan. Ct. App. 1982). “Claimant argues that his substantive right to an award against the Fund is granted by K.S.A. 1980 Supp. 44-566a(e)(l) and -569.”

Lott-Edwards v. Americold Corp., 6 P.3d 947 (Kan. Ct. App. 2000). “See K.S.A. 1999 Supp. 44-566a(e)(l) and K.S.A.”

— K.S.A. § 44-566a(f) — 1 case

Simmons v. Sec. Nat'l Bank, 711 P.2d 757 (Kan. Ct. App. 1985).

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.