44-570.
Same; employer's liability for no-dependent deaths; awards to fund; duties of commissioner of insurance; refund.
(a) In the event that subsection (d) of K.S.A. 44-510b, and amendments thereto, is inapplicable, every employer in the state of Kansas operating a trade or business under the provisions of the workers compensation act shall pay within 30 days after the award is made the sum of $18,500 to the commissioner of insurance in every case where death results from the accident and where there are no dependents who are entitled to compensation under the workers compensation act.
(b) The commissioner of insurance shall remit all moneys received under this section 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) Upon rendering an award under this section, the director shall transmit immediately a certified copy thereof to the commissioner of insurance. In case payment is, or has been made, under the provisions of this section and dependency later is shown, or if payment is made by mistake or inadvertence, or under such circumstances that justice requires a refund thereof, the commissioner of insurance is hereby authorized to refund such payment to the employer, or if insured, to the employer's insurance carrier.
History:
L. 1945, ch. 221, § 6; L. 1949, ch. 287, § 1; L. 1967, ch. 280, § 15; L. 1974, ch. 203, § 50; L. 1982, ch. 213, § 10; L. 1998, ch. 120, § 6; L. 2000, ch. 160, § 19; L. 2001, ch. 5, § 138; July 1.
Notes of Decisions
Farm Bureau Mut. Ins. v. Com. Stand. Ins., 612 P.2d 1265 (Kan. Ct. App. 1980).
· cites it 4× “44-510b[/]), and $5,000 to the commissioner of insurance for credit to the workmen’s compensation fund (K.S.A. 1979 Supp. 44-570). Although plaintiff then sent a lien interest letter to defendant, Commercial nevertheless made a wrongful death settlement with the deceased…”
McGranahan v. McGough, 820 P.2d 403 (Kan. 1991).
· cites it 2× “That subsection defines "compensation and medical aid" as follows: "As used in this section, `compensation and medical aid' includes all payments of medical compensation, disability compensation, death compensation, including payments under K.S.A. 44-570 and amendments thereto,…”
Wasson v. United Dominion Indus., 974 P.2d 578 (Kan. 1999).
“44-566a(b); and (3) payments by employers where an employee is killed in an otherwise compensable accident, but in which there are no eligible dependents, K.S.A. 44-570 (non-dependent death). One of the purposes of the Fund, sometimes referred to as the “Second Injury Fund,” is…”
Smith v. Russell, 58 P.3d 698 (Kan. 2002).
““(f) As used in this section, ‘compensation and medical aid’ includes all payments of medical compensation, disability compensation, death compensation, including payments under K.S.A. 44-570 and amendments thereto, and any other payments made or provided pursuant to the workers…”
Lemery v. Buffalo Airways, Inc., 789 P.2d 1176 (Kan. Ct. App. 1990).
““(f) As used in this section, ‘compensation and medical aid’ includes all payments of medical compensation, disability compensation, death compensation, including payments under K.S.A. 44-570 and amendments thereto, and any other payments made or provided pursuant to the workers…”
Karhoff v. Nat'l Mills, Inc., 851 P.2d 1021 (Kan. Ct. App. 1993).
“44-510), the burial allowance (44-510b[f]), and the $18,500 no-dependent death benefit to the State (K.S.A. 44-570). There is no merit to the heirs’ contention that § 18 of the Bill of Rights provides them with a constitutional right to a remedy against National Mills for…”
Riley v. Nat'l Mills, Inc., 873 P.2d 214 (Kan. Ct. App. 1994).
“44-510b(f); and, pursuant *543 to K.S.A. 44-570, the payment of $18,500 to the Commissioner of Insurance to the credit of the Workers Compensation Fund because there were no dependents entitled to compensation.”
Varner v. Gulf Ins., 859 P.2d 414 (Kan. Ct. App. 1993).
· cites it 2× ““(f) As used in this section, ‘compensation and medical aid’ includes all payments of medical compensation, disability compensation, death compensation, including payments under K.S.A. 44-570 and amendments thereto, and any other payments made or provided pursuant to the workers…”
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