12.01. Generally.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 12.01. Generally SummariesChapter 1212.01 GenerallyNovember 2005. (Award) When there's no dispute as to the compensability of claimant's claim, each insurance carrier identified in the litigation should be found jointly and severally liable for the temporary total disability benefits and medical expenses incurred during the course of the claim. There may be some contractual obligation for an insured to inform the insurer of a claim but whether that obligation does or does not exist does not compel an injured worker to provide any additional notice to the insurance carrier. The last day worked rule is applicable where claimant continues to aggravate their condition after each surgery, by returning to the same job they had performed before treatments and surgeries. The issue of the date of accident and who should be responsible for the permanency associated with a work-related injury is resolved by Lott-Edwards v. Americold Corp., 27 Kan. App. 2d 689, 697, 6 P.3d 947 (2000). Tull v. Atchison Leather Products, Docket No. 258,286. April 1997. (Ph) Held, respondent's insurance carrier, as of the date of claimant's accident, is responsible for benefits whether or not it formally attended the hearing. Smith v. National Vision Center, Docket Nos. 206,033 and 220, 001. August 1997. (Ph) Although not expressly decided by the Kansas appellate courts, the Appeals Board concludes the insurance carrier is a proper party but not a necessary party in workers compensation proceedings. Judgment against the employer is binding on the insurance carrier even if the insurance carrier did not receive notice. See Landes...