11.01. Generally.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 11.01. Generally SummariesChapter 1111.01 GenerallySeptember 2003 (Order) Before liability may be assessed against the Workers Compensation Fund, K.S.A. 44-532a requires a hearing on the issue of Fund liability. Olivares v. Genaro Morales, Docket No. 237,793. November 2001 (Award) Respondent, Shay Productions, originally participated in the litigation and provided benefits to the claimant. By the time oral argument was presented to the Board, Shay Productions had ceased participation in the litigation and discontinued to provide benefits to the claimant. In light of Shay Production's discontinued participation, the Board remanded the case to the ALJ for a hearing pursuant to K.S.A. 44-532a (Furse 1993) regarding how to proceed on the claimant's post-award impleading of the Fund. Wheeler vs. Shay Productions, Docket No. 247,943. June 2000 (Order) Where the Fund is named as a party under K.S.A. 44-532a, the Fund cannot implead a potential statutory employer during the workers compensation proceedings. The Fund's remedy against a statutory employer is in District Court. Chad Powell vs. Jameson Trucking Company, Inc., Docket No. 244,711. January 1999. (Award) Liability for claimant's 1992 back injury assessed 100% against the Fund where medical evidence indicates claimant's 1992 work-related injury would not have occurred but for claimant's preexisting conditions. De La Paz v. Erman Corporation, Docket Nos. 133,539; 154,373; and 172,398. See also, Kangas v. Kansas Christian Home, Inc, Docket No. 205,230 (June 1999), regarding 100% fund liability for claimant's shoulder injury; Rando v. Texaco Refining and Marketing, Docket No. 187,546 (July 1999); and Emilie M. Moussa vs. St. Francis Hospital and Medical Center, Docket Nos. 175,837 and 180,891 (August 1998). [Affirmed by unpublished Court of Appeals opinion, Docket Number 82,028, January 21, 2000.] October 1998. (Ph) The Workers Compensation Fund was not denied due process of law or a fair hearing because neither the respondent nor claimant appeared at a preliminary hearing. K.S.A. 44-532a provides for the Fund to pay compensation where the employer cannot be located. Clearly, this statute contemplates circumstances where the employer may not be present at the hearing. The claimant's presence at the hearing is likewise not...