10.26a. Preliminary Hearings.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 10.26a. Preliminary Hearings SummariesChapter 1010.26a Preliminary HearingsMay 2006. (P/A) Respondent was specifically ordered to provide ongoing treatment and although there was nothing in the record indicating claimant's plans to seek psychological or psychiatric treatment, the Board's Order specifically required that respondent provide such treatment. This differs from other ALJ and Board orders which require application and hearing before post-award medical treatment is authorized; therefore, it is appropriate for respondent to seek evidence to address that prospective issue and either get the Board's Order modified to reflect that claimant's future psychiatric treatment be upon application and hearing or, if warranted by the evidence, terminated. If a decision in a preliminary hearing is not timely entered, any party may request the director to assign the case to an assistant director or special administrative law judge for a decision. The filing of a request that a case be reassigned does not deprive the administrative law judge of jurisdiction to make an award. Bradford v. Boeing Military Airplanes, 22 Kan. App.2d 868, 924 P.2d 1263, rev. denied 262 Kan. 1082 (1996). Any modification under the review and modification...