10.09. Application for Hearing.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 10.09. Application for Hearing SummariesChapter 1010.09 Application for HearingDecember 2005. (Award) The ALJ determined the failure to file an Application for Hearing before the settlement resulted in the Division being without jurisdiction to conduct the settlement hearing. Here, the Division had both "subject matter jurisdiction" over this workers compensation dispute and personal jurisdiction over the claimant and the respondent confirmed when they voluntarily appeared at the settlement hearing and agreed to the proceedings. Conway v. Frito Lay, Inc., Docket No. 5,009,161. But See, Dissent, the majority, in determining what if any post-injury wage should be imputed to claimant, rejected the argument that claimant should be imputed the same wage that she would have received had she bid on the QCT job on respondent's first shift. This Board Member, in considering the policies set forth in Copeland, would impute to claimant the wage she would have earned on the QCT job. As that would have paid wages in excess of 90 percent of her post-injury average weekly wage, claimant would have been limited, pursuant to K.S.A. 44-510e, to her 10 percent functional impairment to the body as a whole. January 2000. (Award) In case where respondent settled with claimant and then sought reimbursement from Fund under K.S.A. 44-567, Fund held not entitled to defend on basis that claimant has not filed a timely application for hearing under K.S.A. 44-534. Munsch v. Dillon Companies, Docket No. 203,713. November 1999. (Ph) Where claimant suffers new accidental injury which aggravates an old injury, employer must file a new report of accident. Pursuant to K.S.A. 44-557, the failure to file the report of accident tolls time limit for filing application for hearing under K.S.A. 44-534. Edwards v. Foss Motor Company, Inc., Docket No. 244,923. August 1999. (Award) K.S.A. 44-534(b) requires an application for hearing be filed with the Director's office within three years of the date of accident or two years from the date of last payment of compensation, whichever is later. However, K.S.A. 44-509 provides that if the claimant is incapacitated, the time limits under the Act do not run until a guardian or conservator is appointed. Claimant argues that although he did not make a timely...