44-512. Time and manner of compensation payments; notice of certain payments to injured worker's
attorney. (a) Workers compensation payments shall be made at the same time, place and in the same manner as the wages of the worker were payable at the time of the accident, but upon the application of either party the administrative law judge may modify such requirements in a particular case as the administrative law judge deems just, except that:
(1) Payments from the workers compensation fund established by K.S.A. 44-566a, and amendments thereto, shall be made in the manner approved by the commissioner of insurance;
(2) payments from the state workers compensation self-insurance fund established by K.S.A. 44-575, and amendments thereto, shall be made in a manner approved by the secretary of health and environment; and
(3) whenever temporary total disability compensation is to be paid under the workers compensation act, payments shall be made only in cash, by check or in the same manner that the employee is normally compensated for salary or wages, or if the parties agree, by electronic funds transfer or a payment card, and not by any other means, except that any such compensation may be paid by warrant of the director of accounts and reports issued for payment of such compensation from the workers compensation fund or the state workers compensation self-insurance fund under the workers compensation act.
(b) When allowed pursuant to the provisions of subsection (a)(1) through (3), if compensation is being paid by electronic funds transfer to the injured worker's account or compensation is being paid by a payment card issued to the injured worker and the injured worker is represented by an attorney, the employer shall notify the injured worker's attorney each time payment is made.
History: L. 1927, ch. 232, § 12; L. 1974, ch. 203, § 19; L. 1975, ch. 260, § 2; L. 1980, ch. 264, § 17; L. 1982, ch. 213, § 1; L. 1988, ch. 168, § 1; L. 1993, ch. 286, § 38; L. 1995, ch. 132, § 1; L. 2013, ch. 104, § 10; L. 2024, ch. 27, § 12; July 1.
Source or prior law:
L. 1911, ch. 218, § 13; R.S. 1923, 44-512.
Law Review and Bar Journal References:
County as self-insurer may create reserve fund, 7 K.L.R. 234 (1958) [quoting Sept. 17, 1958, opinion of attorney general].
"Potential Federalization of State Workmen's Compensation Law—The Kansas Response," James C. Wright and James P. Rankin, 15 W.L.J. 244, 264 (1976).
"Worker's Compensation Recent Decisions," Gary Jordan, 2 J.K.T.L.A. No. 6, 16 (1979).
"Recovery of Attorney Fees—An Historical Perspective," Ron Leslie, 53 J.K.B.A. 154 (1984).
"Workers' Compensation: The Exclusive Remedy Rule is Alive and Well in Kansas [Hormann v. New Hampshire Insurance Co. , 236 Kan. 190, 689 P.2d 837 (1984)]," Janet K. Kerr, 25 W.L.J. 192, 197, 201, 202 (1985).
CASE ANNOTATIONS
Explanation, see Revisor's Note under article title, chapter 44, article 5.
Cases through 1973
IN GENERAL (1-5)
1. Section refers to formalities of payment. Boyd v. Mining Co., 105 Kan. 551, 553, 185 P. 9 (1919).
2. Section cited in considering limited right of appeal from award. Norman v. Consolidated Cement Co., 127 Kan. 643, 650, 274 P. 233 (1929).
3. Legislative purpose, shown by this section, was to allow compensation in substitution for wages workman was receiving. Lawrence v. Natural Gas Pipe Line Co., 152 Kan. 558, 561, 106 P.2d 685 (1940).
4. Compensation paid partially in advance; modification of award terms by parties is authorized by K.S.A. 44-528, including rate at which compensation paid. Everett v. Kansas Power Co., 160 Kan. 712, 720, 721, 165 P.2d 595 (1946).
5. Designation of time and place by court for payments continues until changed. Chikowsky v. Central Coal & Coke Co., 124 Kan. 471, 473, 260 P. 620 (1927).
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