11.05. Reimbursement from.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 11.05. Reimbursement from SummariesChapter 1111.05 Reimbursement fromAugust 2005. (Award) The Board denied respondent's request for either a credit or reimbursement for the charges billed due to a missed FCE appointment. K.S.A. 44-518 provides for suspending benefits when a worker refuses to submit to a medical exam. The statute is silent regarding reimbursement of "no show" fees. The Kansas Workers Compensation Schedule of Medical Fees prohibits a provider from charging a "no show" fee, except for depositions, testimony and IMEs. Prue v. Asplundh Tree Expert Co., Docket No. 270,870. March 2005. (Award) Temporary total disability benefits paid before final award that are later disallowed are credited against the later award of permanent partial disability compensation as provided by K.S.A. 44-525(c) and K.S.A. 44-534a. Medical compensation, however, that is later disallowed is not credited against the subsequent award of permanent disability benefits. Instead, respondent must seek reimbursement of that medical expense from the Workers Compensation Fund. Steele v. Home Depot, Docket No. 1,000,410. See Also, Davis v. Steel, Docket No. 117,611 (June, 2003) May 1999. (Award) The Board found it would not be appropriate to charge respondent with the Fund's attorney fees in the case at hand, despite the fact that there was no Fund liability found, since pursuit of the claim by the respondent was reasonable under the circumstances. Springer v. Sunshine Biscuits, Inc, Docket No. 208,346 [Affirmed by unpublished Court of Appeals opinion, Docket No. 83,415, May 26, 2000]. June 1998. (Award) Claimant was awarded a 65% work disability. However, following the entry of this award, respondent learned that claimant had obtained new employment and was earning more than 90 percent of his pre-injury wages. Respondent filed for review and modification. A hearing was held and claimant's award was modified to an award based upon a 15% functional impairment only. Respondent argues it overpaid claimant $18,075.75 for which it now seeks reimbursement from the fund. K.S.A. 44-534a(b) and K.S.A. 44-556(b) provide the exclusive remedies for an employer to seek reimbursement from the Fund for excess payment of compensation. Kimber v. U.S.D. No. 418, 24 Kan. App.2d 280, 944 P.2d 169 (1997)...