10.19a. Generally.

CourtKansas
Kansas Workers Compensation Settlement Reporter 10.19a. Generally SummariesChapter 1010.19a GenerallyOctober 1998. (Award) ALJ not found to have been biased or prejudiced when hearing and determining claimant's case. Claimant was not denied due process by ALJ's actions. See Discussion in, Boyd v. Logan Manor Community Health, Docket No. 222,740. November 1997. (Ph) K.S.A. 44-516 grants the administrative law judge the authority to appoint a neutral physician to examine claimant. McGee, Jr. v. Capital Electric Construction of Kansas, Inc., Docket Nos. 206,931 and 210,663. October 1997. (Ph) Orders entered by Administrative Law Judge are reversed and remanded by the Appeals Board where no transcripts of the preliminary hearings from which the Orders were issued were made. Fortner v. Home and Cabinet Designs, Inc., Docket No. 195,470. September 1997 (Order) Administrative Law Judges should insure the parties an expeditious hearing and act reasonably without partiality. Boyd v. Presbyterian Manors of Mid-America, Inc., Docket No. 163,905. August 1997. (Ph) The respondent argues the Assistant Director exceeded his jurisdiction when he considered a medical report which had not been attached to the notice of intent or otherwise provided to the respondent prior to the preliminary hearing. The Appeals Board followed its ruling in Sulaimon v. Woodland Health Center , Docket No. 192,021 (September 1995), in deciding that the decision whether to consider medical records and reports, at least where they were not available prior to the Application for Preliminary Hearing, does not exceed the jurisdiction of the Administrative Law Judge. Eldridge v. Champ Service Line Division, Docket No. 189,361. May 1997. (Award) Absent a remand from...

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