10.27. Generally.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 10.27. Generally SummariesChapter 1010.27 GenerallyJanuary 2002. (Ph) Claimant's termination "for cause" from employment did not disqualify her from receiving temporary total disability or medical benefits. Additionally, the temporary aggravation of a pre-existing condition or injury is compensable for preliminary hearing benefits under K.S.A. 44-534a. Roles vs. Learjet, Inc., Docket No. 267,790. January 2000. (Ph) Board construed a letter sent by the ALJ after the preliminary hearing and determined the letter did not amount to an order. Accordingly, there was no order for review by the Board and the Board remanded the case to the ALJ for decision. Neaderhiser v. Houlihan's Restaurant Group, Docket No. 242,079. November 1999. (Ph) The Administrative Law Judge retains jurisdiction over the parties and issues presented at a preliminary hearing. Later hearings conducted to address those same issues are treated as a continuation of the initial hearing and do not require that same procedures be followed to initiate the initial hearing. Frontado v. Rubbermaid Specialty Products, Docket No. 217,058 [Appeal dismissed by unpublished Court of Appeals opinion, Docket No. 84,478, February 16, 2001]. See Also,Monahan v. United Parcel Service, Docket No. 1,020,714. (September 2005). November 1999. (Ph) Temporary partial disability benefits may be ordered at a preliminary hearing. Fleischer v. Metropolitan Court Reporters, Docket No. 237,296. September 1999. (Ph) The preliminary hearing statute was designed to expediently address issues of medical treatment and temporary total disability compensation. The preliminary hearing is summary in nature and evidentiary rules are relaxed, which aids in the prompt resolution of the issues. The need for an expedient resolution of the issues regarding medical treatment is just as compelling post-award as it is pre-award because, either way, the failure to obtain prompt treatment could result in needless suffering and even irreparable injury. Additionally, the Workers Compensation Act provides that preliminary hearings may be held after an award has been entered. Smith v. Perfekta, Inc., Docket Nos, 201,337 and 201,338 and 201,339. August 1999. (Ph) Respondent argues the ALJ did not have jurisdiction because the record did not contain the...