10.15. Notice to Parties of Regular Hearings and Other Proceedings.

CourtKansas
Kansas Workers Compensation Settlement Reporter 10.15. Notice to Parties of Regular Hearings and Other Proceedings SummariesChapter 1010.15 Notice to Parties of Regular Hearings and Other ProceedingsSee Also, Villegas v. Family Restaurants, Inc., Docket No. 264,354. (August 2004). October 1997 (Order) K.S.A. 44-534 requires 20 days notice in any hearing "in regard to workers compensation benefits due the injured worker." Therefore, proper notice, as required by K.S.A. 44-534, must be given to parties before a hearing to access penalties can be held. Trosper v. MS News, Docket No. 217,183. June 1997. (Order) The Administrative Law Judge held a hearing on the issue of whether costs should be assessed against the claimant with only the respondent present. Claimant was not given notice of such hearing and, therefore, was not available to present evidence or arguments. The Appeals Board concludes the Administrative Law Judge violated the basic elements of procedural due process as he failed to give claimant notice of the hearing which deprived the claimant of an opportunity to be heard. Therefore, the order of the Administrative Law Judge assessing certain costs against the claimant is set aside as null and void. Vilaysing v. IBP, Inc., Docket No. 210,878. February 1997. (Ph) Respondent argues the ALJ lacked jurisdiction to award...

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