10.03. Generally.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 10.03. Generally SummariesChapter 1010.03 GenerallySee Also, Serra v. K.C. Kansas Housing Authority, Docket Nos. 1,027,810; 1,027,811 and 1,027,812. (September 2006) See Also, Asher v. The Boeing Company, Docket No. 1,007,698 (May, 2003) June 1999. (Ph) Where respondent accepted a denial letter from claimant's health carrier within 10 days of the accident with the agreement that respondent would "look into it," and coverage was denied because claimant described his injury as work-related to the doctor, this constitutes notice whether or not respondent actually followed up on the denial letter as promised. Howell v. Asphalt Construction Company, Docket No. 241,333. April 1999. (Ph) Where claimant told respondent after the accident and before he sought medical treatment that his condition was deteriorating and that he wanted to explore the possibility of moving to lighter work, the Board determined that, under the circumstances, notice was sufficiently given to satisfy the statutory requirements. McNeal v. Contract Services, Inc, Docket No. 239,539. May 1998 (Ph) K.S.A. 44-520 requires notice of an accident be provided to the respondent within 10 days of the date of accident. This notice is to state the time, place and particulars of the accident and indicate the name and address of the person injured, the 10-day notice shall not bar recovery if the claimant shows that failure to provide notice within this 10 days was due to just cause. Just cause will allow the notice to respondent to extend to 75 days from the date of accident unless actual knowledge of the accident by the employer or the employer's duly authorized agent renders giving notice unnecessary. Atie v. Green Ways, Inc, Docket No. 228,769. ----- Notice is intended to afford an employer an opportunity to investigate an accident and to furnish prompt medical treatment. See Pike v. Gas Service Co., 223 Kan. 408, 573 P.2d 1055 (1978). Id. See Also, Pewtress v. Premier Wine and Spirits, Docket Nos. 222,574 and 222,575 (August 1997) April 1998. (Award) An injured worker must provide the employer with sufficient information that a reasonable person would have reason to believe or be placed on notice that the work activities have caused or were causing an injury. Hawbaker v. James R. Turnbull Painting...