10.14. Notice of Preliminary Hearings.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 10.14. Notice of Preliminary Hearings SummariesChapter 1010.14 Notice of Preliminary HearingsOctober 1999. (Ph) In a case where it is alleged the Fund is liable for benefits pursuant to K.S.A. 44-532a because the employer is uninsured and unable to pay benefits, the Fund is entitled to notice and hearing on all issues under K.A.R. 51-15-2. If the Fund did not receive notice of the preliminary hearing the Fund is not bound by order for benefits and is entitled, at subsequent hearing, to present evidence on all issues, not only on issue of whether the employer is insured or able to pay. Havlik. v. Chalet Restaurant and Sports, Docket No. 245,968. October 1997. (Ph) Unless the parties agree otherwise, an administrative law judge must give all parties necessary statutory notice of preliminary hearings and hold such hearings before a certified court reporter appointed by the Director to make a complete record of the proceedings as required by K.S.A. 44-552(a). Fortner v. Home and Cabinet Designs, Inc., Docket No. 195,470. September 1997. (Ph) K.S.A. 44-534a, as amended, obligates a party to provide notice to the adverse party of an intent to file an application for hearing. It further requires notice to the parties of the date set for the hearing. Glover v. McArthur Park Properties, Docket No. 223,759. July 1997. (Ph) In Kansas, notice of a preliminary hearing need only be given to the respondent. K.A.R. 51-3-5a. Separate notice to the insurance carrier need not be given, as notice to the employer is notice to the insurance carrier. See Landes v. Smith , 189 Kan. 229, 368 P.2d 302 (1962). Martel v. Waste Management of Wichita, Docket No. 222,516. See Also,Smith v. Goodwill Industries, Docket No. 237,140 (December 1998); Johnson v. J and J Maintenance, Docket No. 234,975 (January 1999). June 1997. (Order) Respondent received sufficient notice of the Preliminary Hearing, when its authorized agent--its insurance carrier-- received notice of the preliminary hearing. Church v. Wichita Janitorial Services, Docket No. 220,425. May 1997. (Ph) A prerequisite of filing an application for preliminary hearing is the applicant shall give written notice to the adverse party of the intent to file such an application. The notice of intent shall contain a specific statement of...