11.06. Right to Litigate Issues.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 11.06. Right to Litigate Issues SummariesChapter 1111.06 Right to Litigate IssuesJanuary 2000. (Award) In case where respondent settled with claimant and then sought reimbursement from Fund under K.S.A. 44-567, Fund held not entitled to defend on basis that claimant has not filed a timely application for hearing under K.S.A. 44-534. Munsch v. Dillon Companies, Docket No. 203,713. October 1999. (Ph) In a case where it is alleged the Fund is liable for benefits pursuant to K.S.A. 44-532a because the employer is uninsured and unable to pay benefits, the Fund is entitled to notice and hearing on all issues under K.A.R. 51-15-2. If the Fund did not receive notice of the preliminary hearing the Fund is not bound by order for benefits and is entitled, at subsequent hearing, to present evidence on all issues, not only on issue of whether the employer is insured or able to pay. Havlik. v. Chalet Restaurant and Sports, Docket No. 245,968. December 1997. (Award) The Workers Compensation Fund brought a claim for the statutory death assessment per K.S.A. 44-570(a). This decision is significant because it places the burden of proof on the Fund as the party prosecuting this claim. Guhr...