44-569.
Same; awards for subsequent injuries to handicapped workers; apportionment of amounts due; duties of commissioner of insurance; employer's liability when fund insufficient, reimbursement.
(a) In the event that the administrative law judge finds and determines that a worker has become disabled under circumstances set forth in K.S.A. 44-567 and amendments thereto, the administrative law judge shall make an award setting forth the amount due, if any, from the employer by whom the worker was employed when the worker received subsequent injury in the manner and form by which the award shall be paid, and shall in addition thereto make an award setting forth the amount due to the employee to be paid from the workers compensation fund. All awards paid out of the workers compensation fund shall be payable in payments, the number and size of which shall be set forth by the administrative law judge in the award. The administrative law judge at the option of the administrative law judge is authorized to approve lump-sum settlements with and lump-sum payments from the workers compensation fund.
(b) The director, within 30 days from the date of the filing of the award, shall deliver to the commissioner of insurance a certified copy of the award and thereafter the commissioner of insurance shall cause payment to be made from the workers compensation fund to the employee in harmony with the award.
(c) Whenever the commissioner of insurance finds that there are insufficient funds in the workers compensation fund to satisfy an award of compensation made to a worker from such fund, the commissioner of insurance shall give notice of this finding to the employer by whom the worker was employed when the worker sustained subsequent injury. Upon receiving such notice, the employer shall assume and become liable for the payment of compensation as provided in such award and until such time that the commissioner of insurance finds that there are sufficient funds in the workers compensation fund for this purpose. The employer shall be reimbursed from the workers compensation fund for all such payments of compensation which would have been paid from the workers compensation fund. The commissioner of insurance shall determine the amount of compensation paid by the employer which is to be reimbursed under this subsection, and the amount so determined shall be paid to the employer from the workers compensation fund.
(d) The director shall submit in the regular written report of the director the number and amount of cases involving the workers compensation fund.
History:
L. 1945, ch. 221, § 5; L. 1968, ch. 102, § 9; L. 1974, ch. 203, § 48; L. 1982, ch. 213, § 8; L. 1993, ch. 286, § 63; July 1.
Notes of Decisions
Arduser v. Daniel Int'l Corp., 640 P.2d 329 (Kan. Ct. App. 1982).
· cites it 3× “K.S.A. 1980 Supp. 44-569 *230 provides that when the director sets an award he shall award that amount due from the employer to the employee and also shall make an award setting forth the amount due to the employee to be paid from the Fund.”
Schmidt v. Trademark, Inc., 506 P.3d 267 (Kan. 2022).
“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…”
Nuttle v. CertainTeed Corp., 696 P.2d 415 (Kan. Ct. App. 1985).
· cites it 6× “We are dealing with post-judgment responsibility in this case, and we believe legis *227 lative intent in K.S.A. 1984 Supp. 44-569(c) is readily ascertainable.”
Schmidt v. Trademark, Inc., 493 P.3d 958 (Kan. Ct. App. 2021).
“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…”
Gust v. Coleman Co., Inc., 740 F. Supp. 1544 (D. Kan. 1990).
“” The Retirement Committee construes “lia *1553 ble” as including its secondary liability for the award under K.S.A. 44-569(c) and its indirect liability through its annual contributions to the Fund.”
Shain v. Boeing Military Airplanes, 924 P.2d 1280 (Kan. Ct. App. 1996).
“44-566a(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.”
Helms v. Pendergast, 899 P.2d 501 (Kan. Ct. App. 1995).
“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.”
Workers Comp. Fund v. Silicone Distrib., Inc., 809 P.2d 1199 (Kan. 1991).
“If the director is satisfied as to the existence of the conditions prescribed by this section, the director 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…”
Tull v. Atchison Leather Prods., Inc., 150 P.3d 316 (Kan. Ct. App. 2007).
“Interestingly, none of the parties have cited statutory authority addressing a procedure for the apportionment of liability among insurance carriers (other than the Workers Compensation Fund [Fund], K.S.A. 44-569) within the Workers Compensation Act, nor can we ascertain that…”
Wrex v. T.G.&Y., 766 P.2d 1294 (Kan. Ct. App. 1989).
· cites it 2× “This section states: “(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; “(2) payment of workers’ compensation benefits to an employee who is unable to…”
Benavidez v. Isaac (Kan. Ct. App. 2024).
· cites it 2× “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(b) — 1 case
Arduser v. Daniel Int'l Corp., 640 P.2d 329 (Kan. Ct. App. 1982).
“K.S.A. 1980 Supp. 44-569 *230 provides that when the director sets an award he shall award that amount due from the employer to the employee and also shall make an award setting forth the amount due to the employee to be paid from the Fund.”
— K.S.A. § 44-569(c) — 4 cases
Nuttle v. CertainTeed Corp., 696 P.2d 415 (Kan. Ct. App. 1985).
“We are dealing with post-judgment responsibility in this case, and we believe legis *227 lative intent in K.S.A. 1984 Supp. 44-569(c) is readily ascertainable.”
Arduser v. Daniel Int'l Corp., 640 P.2d 329 (Kan. Ct. App. 1982).
“K.S.A. 1980 Supp. 44-569 *230 provides that when the director sets an award he shall award that amount due from the employer to the employee and also shall make an award setting forth the amount due to the employee to be paid from the Fund.”
Gust v. Coleman Co., Inc., 740 F. Supp. 1544 (D. Kan. 1990).
“” The Retirement Committee construes “lia *1553 ble” as including its secondary liability for the award under K.S.A. 44-569(c) and its indirect liability through its annual contributions to the Fund.”
Benavidez v. Isaac (Kan. Ct. App. 2024).
“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…”
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