10.19c. Delay in Issuance of Orders.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 10.19c. Delay in Issuance of Orders SummariesChapter 1010.19c Delay in Issuance of OrdersFebruary 1998. (Ph) Exceeding the five-day period to issue a preliminary hearing order does not divest the Administrative Law Judge of jurisdiction. Austin v. General Motors Corporation, Docket No. 199,074. January 1998. (Ph) Whether the administrative law judge should, in a given set of circumstances, authorize medical treatment is not a question which goes to the jurisdiction of the administrative law judge. K.S.A. 44-534a grants the administrative law judge the authority to decide issues concerning the payment of such medical treatment at a preliminary hearing. Celuch v. Luce Press Clippings, Docket Nos. 214,959 and 222,711. May 1997. (Ph) While K.S.A. 44-534a does require that an administrative law judge's order be issued within five days, there is nothing in the statute which denies the administrative law judge jurisdiction should the order be issued at a later time. As such, claimant's appeal regarding this issue is dismissed. Jurado v. Poky Feeders Inc., Docket No. 201,482. ----- Claimant contends, per K.S.A. 44-523, entitlement to have this...