44-549. Hearings, venue; final award of administrative law judge; hearing powers of director and board. (a) All hearings upon all claims for compensation under the workers compensation act shall be held by the administrative law judge in person in the county in which the accident occurred, or by video conferencing or telephone conference unless otherwise mutually agreed by the employee and employer. The award, finding, decision or order of an administrative law judge when filed in the office of the director shall be deemed to be the final award, finding, decision or order of the administrative law judge.
(b) The director and the board, for the purpose of the workers compensation act, shall have power to administer oaths, certify to official acts, take depositions, issue subpoenas, compel the attendance of witnesses and the production of books, accounts, papers, documents, and records to the same extent as is conferred on district courts of this state under the code of civil procedure.
History: L. 1927, ch. 232, § 34; L. 1955, ch. 250, § 14; L. 1974, ch. 203, § 40; L. 1980, ch. 146, § 10; L. 1993, ch. 286, § 51; L. 2011, ch. 55, § 28; May 15.
Law Review and Bar Journal References:
Conflict with certain provisions of K.S.A. 44-551, Thomas M. Van Cleave, Jr., 14 K.L.R. 393, 397 (1965).
Court has held that this section must yield to more recent K.S.A. 44-551 as to finality of compensation award (see case annotation 6), Sheila R. Miller, 18 K.L.R. 940, 942 (1970).
"Discovery Techniques in Workmen's Compensation: Largely Undiscovered?" Robert Fowks, 42 J.B.A.K. 83, 84, 85 (1973).
CASE ANNOTATIONS
1. No particular form of findings or award is specified or required by statute. Thompson v. Swenson Construction Co., 158 Kan. 49, 58, 145 P.2d 166 (1944).
2. Cited in holding 1961 amendment adding review provisions to K.S.A. 44-551 applicable to proceedings then pending. Ward v. Marzolf Hardwood Floors, Inc., 190 Kan. 809, 810, 378 P.2d 80 (1963).
3. Opinion vacated, withdrawn and set aside. Franklin v. Watkins, Inc., 190 Kan. 374, 375, 375 P.2d 618 (1962).
4. Question whether cost of taking depositions chargeable as costs mentioned; not decided. Jones v. Western Union Telegraph Co., 165 Kan. 1, 9, 192 P.2d 141 (1948).
5. When award becomes final discussed; failure to determine request for review of examiner's award renders award not final; K.S.A. 44-551 is controlling over K.S.A. 44-549 as to finality of award. Harper v. Coffey Grain Co., 192 Kan. 462, 388 P.2d 607 (1964).
6. Provisions as to finality of award must yield to provisions of K.S.A. 44-551 as construed in opinion. Harper v. Coffey Grain Co., 192 Kan. 462, 465, 468, 469, 388 P.2d 607 (1964).
7. Dissenting opinion holding to theory temporary partial disability compensation not payable absent actual post-injury earnings. Crabtree v. Beech Aircraft Corp., 5 Kan. App. 2d 440, 449, 618 P.2d 849. Majority opinion reversed: 229 Kan. 440, 625 P.2d 453.
8. Whether an ALJ order which awards workers compensation benefits is an order under KAPA (K.S.A. 77-501 et seq.) subject to review examined. McClure v. Rodricks, 20 Kan. App. 2d 102, 105, 883 P.2d 1228 (1994).
9. Whether appellate review of "order" means order of administrative law judge examined. University of Kansas v. Department of Human Resources, 20 Kan. App. 2d 354, 359, 887 P.2d 1147 (1995).
10. Director and administrative law judges have power to issue subpoenas and compel attendance of witnesses to same extent as district judges. Sebelius v. LaFaver, 269 Kan. 918, 9 P.3d 1260 (2000).
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