12.04D. Insurance Coverage / Whether Board Has Jurisdiction to Review.

• Court: Kansas

Kansas Workers Compensation Settlement Reporter 12.04D. Insurance Coverage / Whether Board Has Jurisdiction to Review SummariesChapter 1212.04 D. Insurance Coverage / Whether Board Has Jurisdiction to ReviewJuly 2004, (Order) Date of accident not jurisdicational issue and will not be decided on an appeal from a preliminary hearing order unless necessary to decide a jurisdictional issue. Board also will not decide dispute between insurance carriers for single respondent/employer where claim is otherwise compensable (compensability not issue/when insurance carrier is liable or date of accident is issue). Armstrong v. Kansas Bank Note Co., Docket No. 1,011,219. See also, Remmenga, Jr v. Technical Irrigation Service, Docket Nos. 220,853 and 237,147 (March 1999). December 1997. (Award) Unless the Act otherwise expressly provides, the Division of Workers Compensation does not have jurisdiction to decide insurance coverage issues which do not affect a workers right to benefits. See Also American States Ins. Co. v. Hanover Ins.. Co., 14 Kan. App. 2d 492, 794 P.2d 662 (1990), and Hobelman v. Krebs Construction Co., 188 Kan. 825, 366 P.2d 270 (1961), which hold that insurance carriers may not litigate their respective liabilities in workers compensation proceedings when the claimant's interest is not at stake unless the act should otherwise expressly provide. Owings v. Walter A. Young Construction, Inc., Docket No. 192,579. ----- The Appeals Board has jurisdiction to review the insurance issue at this stage of the proceeding because it directly addresses the question whether claimant's accident is covered under the Workers Compensation Act. Under K.S.A. 44-542a, self employed individuals may bring themselves within the provisions of the Act by securing...