12.03C. Which Carrier is Liable / Whether the Board Has Jurisdiction to Decide Insurance Coverage Issues.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 12.03C. Which Carrier is Liable / Whether the Board Has Jurisdiction to Decide Insurance Coverage Issues SummariesChapter 1212.03 C. Which Carrier is Liable / Whether the Board Has Jurisdiction to Decide Insurance Coverage IssuesAugust 2005. (Order) Board does not have jurisdiction to review a dispute between two insurance carriers concerning date of accident or whether claimant suffered one accidental injury or two where the injury and need for treatment is clearly respondent's responsibility, i.e. claim is compensable. Vick v. Latour Management, Inc., Docket Nos. 1,007,896 and 1,021,270. December 1998. (Ph) Respondent changed insurance carriers during the alleged period of injury. The parties agreed that claimant suffered a compensable, work-related injury. The issue for review is the date of accident for purpose of determining which insurance carrier is liable. Held: the issue does not go to a jurisdictional issue. Appeal dismissed. Gomez v. Thermal Equipment Corporation, Docket No. 236,062. But See, Dissent, by which this Board member argues that the Division of Workers Compensation does not have the authority or jurisdiction to decide the respective liability of two or more insurance companies. To the Dissent, the Award should be entered jointly and severally against both insurance carriers. Id. February 1999. (Ph) The ALJ found the workers compensation claim compensable and ordered two of respondent's workers compensation insurance carriers to split the cost of preliminary hearing benefits. One insurance carrier appealed. Held: there is no dispute about the compensability of claimant's injuries, so the Board has no jurisdiction to hear the appeal. The ALJ did not exceed his jurisdiction by ordering the two insurance carriers to split the costs. The only question is date of accident for purposes of assigning insurance carrier liability. This is not a proper question for an appeal from a preliminary hearing order. Burton v. Electrical Corporation of America, Docket Nos. 236,797; 236,798; 236,799; and 236,800. February 1999. (Ph) Since compensability of claim (claimant's entitlement to benefits) is not disputed, the appeal does not give rise to a jurisdictional issue. Which insurance carrier should pay is not an issue the Board can decide on an appeal from a preliminary...