11.02. Liability Defined.

CourtKansas
Kansas Workers Compensation Settlement Reporter 11.02. Liability Defined SummariesChapter 1111.02 Liability DefinedSee also, Martinez v. Accent Holdings, Docket No. 1,018,037 (November 2006). September 1998. (Award) The statutory provisions regarding Fund liability are to be liberally construed to carry out the legislative intent of encouraging employment of handicapped employees. Morgan v. Inter-Collegiate Press, 4 Kan. App.2d 319, 606 P.2d 479 (1980). Hess v. Continental Plastic Containers, Docket No. 203,687. [Affirmed by unpublished Court of Appeals opinion, Docket No. 82,145, December 3, 1999.] ----- The Appeals Board finds the dispositive issue of this case is whether the K.S.A. 44-534 (Ensley) time limitations apply to issues between the Fund and respondent for compensation voluntarily paid to the claimant where there was no dispute as to claimant's right to compensation or any issue regarding benefits due claimant under the Act. K.S.A. 44-534 (Ensley) provides that whenever the employer, worker or insurance carrier cannot agree upon the worker's right to compensation or upon any issue in regard to benefits due the worker under the Act, the employer, worker or insurance carrier may file an application for hearing in the office of the Director of Workers Compensation as long as it is done so within three years of the date of accident or within two years of the date of last payment of compensation, whichever is later. The Board finds these time limitations do not apply where, as in this case, there is no disagreement between the employee and the employer and its insurance carrier upon any issues regarding the claimant's rights to compensation benefits. The Fund is further ordered to reimburse respondent for the stipulated 50 percent of all workers compensation benefits paid by the respondent as set forth in the settlement hearing transcript. Id. February 1998. (Award) A specific requirement of K.S.A. 1989 Supp. 44-567 is that a claimant who is found to be handicapped in his or her ability to obtain or retain employment must suffer a subsequent compensable work-related injury. Without such a finding, no liability can be assessed against the Fund. Harris v. W.H. Braum, Inc., Docket No. 159,606. See Also, Wampler v. The Boeing Co.- Wichita, Docket Nos. 179,834 and 192,445 (March 1997). February 1998...

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