Printable Format44-530. Staying proceedings upon an award. In any proceedings upon the application of a workman for judgment against workman's employer upon an award hereinbefore provided and before judgment has been granted, the employer may stay proceedings upon such application by filing with the clerk of the district court a bond to be approved by the judge of the district court undertaking to secure the payment of the compensation as in such award provided, or by filing with such clerk a certificate of a licensed or authorized insurance company or reciprocal or interinsurance exchange or association that the amount of compensation to the workman is insured by it.
History: L. 1927, ch. 232, § 30; L. 1992, ch. 314, § 8; July 1.
Source or prior law:
L. 1911, ch. 218, § 30; L. 1917, ch. 226, § 18; R.S. 1923, 44-530.
CASE ANNOTATIONS
Explanation, see Revisor's Note under article title, chapter 44, article 5.
1. Section construed with K.S.A. 44-529; filing of supersedeas bond not authorized to stay payment of compensation (see also 1961 amendments to K.S.A. 44-556). Teague v. George, 188 Kan. 809, 811, 813, 814, 365 P.2d 1087 (1961).
2. Giving of stay bond prevents judgment becoming effective as such; remains an award which does not survive death. Jackovich v. Armour & Co., 132 Kan. 656, 660, 296 P. 708 (1931).
3. Cited in considering limitation on rights of appeal. Norman v. Consolidated Cement Co., 127 Kan. 643, 650, 274 P. 233 (1929).
4. Bond provided when employer's financial ability to pay questioned; claimant may thereafter have award reviewed and increased. Doss v. Cornelison & Kelly, 124 Kan. 631, 632, 261 P. 584 (1927).
5. Indemnity bond; judgment against insolvent employer; casualty company as garnishee. Blanton v. Cotton Mills Co., 103 Kan. 118, 119, 172 P. 987 (1918).
6. Mentioned; appeal to district court from examiner's award when review pending before director ineffectual. Harper v. Coffey Grain Co., 192 Kan. 462, 464, 388 P.2d 607 (1964).
7. Mentioned; "self-insurer" construed for interpretation of K.S.A. 44-556; dissent. Scammahorn v. Gibraltar Savings & Loan Assn., 195 Kan. 220, 221, 222, 223, 224, 404 P.2d 165 (1965).
8. Self-insurer required to file bond. Griffith v. State Highway Commission of Kansas, 203 Kan. 672, 674, 678, 456 P.2d 21 (1969).
9. Failure to file bond within time not jurisdictional prerequisite to perfection of appeal. Boyd v. Yellow Freight Systems, Inc., 214 Kan. 797, 799, 522 P.2d 395.
10. Applied; failure to file supersedeas bond authorized claimant to serve written demand under K.S.A. 44-512a. Kelly v. Phillips Petroleum Co., 222 Kan. 347, 351, 352, 566 P.2d 10.
11. Noted in discussion of K.S.A. 44-556 in determining when payment of award in preliminary hearing order past due. Stout v. Stixon Petroleum, 17 Kan. App. 2d 195, 201, 836 P.2d 1185 (1992).