10.28. Administrative Law Judge (ALJ), Jurisdiction of at Preliminary Hearings.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 10.28. Administrative Law Judge (ALJ), Jurisdiction of at Preliminary Hearings SummariesChapter 1010.28 Administrative Law Judge (ALJ), Jurisdiction of at Preliminary Hearings (See § 10.18) See Also, Jacobs v. Builders Steel Co., Docket No. 1,030,036 (December 2006). January 2006. (Order) Neither K.S.A. 44-534a nor K.S.A. 44-510k limit an administrative law judge's ability to make determinations of ongoing disputed issues regarding pre- or post-award medical care. Under certain circumstances, an ALJ does have the jurisdiction to determine whether claimant's ongoing difficulties are associated with the injury suffered in a previously docketed case, or whether the ongoing difficulties and need for medical care stem from the new series of accidents beginning in a later docketed case. Folk v. Haldex Brake, Docket Nos. 258,343 and 1,011,042. January 2005. (Order) The preliminary hearing in this matter was limited to the issue of claimant's entitlement to reimbursement of prescription, medical and mileage expenses. In this instance, the respondent's cross-examination of the claimant was interrupted and respondent was never afforded the opportunity to complete his cross-examination or present evidence because the parties never reconvened the hearing before the ALJ issued the decision. The Board is bound by the record made before the administrative law judge. While the record indicated that certain issues were to be addressed during the recess, the record was not reopened and the matters addressed among the ALJ and parties during the recess were not made a part of the record. The Board finds the ALJ's decision to recess the hearing was well within his jurisdiction. However, issuing an order without providing the respondent the opportunity to complete cross-examination of the claimant or to present rebuttal evidence was a denial of due process. Geraci v. Superior Hardwood Floors, Docket No. 1,016,297. August 2002. (Order) The ALJ did not exceed her...