10.32a. Limitation on Number of Preliminary Hearings.

CourtKansas
Kansas Workers Compensation Settlement Reporter 10.32a. Limitation on Number of Preliminary Hearings SummariesChapter 1010.32a Limitation on Number of Preliminary HearingsApril 2004. (Order) New evidence may materially alter the basis for a prior preliminary decision, whether made by an ALJ or the Board. Consequently, the ALJ has the jurisdiction and authority to amend, modify and/or clarify a preliminary order as the evidence may dictate. Robinson v. Life Care Center of Osawatomie, Docket No. 1,007,783. February 1999. (Ph) There is no limitation to the number of preliminary hearings an ALJ may conduct, but the Appeals Board believes that multiple preliminary hearings should not be conducted when there is no new evidence. Perrill v. Wesley Medical Center, Docket No. 233,702. December 1997. (Ph) A pending appeal to the Board does not divest the administrative law judge of jurisdiction to conduct another preliminary hearing, even on the same issues. Hanna v. M. Bruenger and Co., Inc. and Leona Bruenger and Co., Inc., Docket No. 222,182. ----- There is no limit to the number of preliminary hearings that an administrative law judge may conduct. Id. See Also, Zago v. Anderson Interiors, Docket No. 202,528 (October 1997); Sevilla v. Ismael Calderon, Docket No. 211,139 (April 1997); Williams v. The Boeing Company, Docket Nos. 186,109 and 223,159 (March 1998). December 1997. An administrative law judge may reconsider a decision made at a previous preliminary hearing. Hanna v. M. Bruenger and Co., Inc. and Leona Bruenger and...

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