Printable Format44-535. When the right to compensation accrues. The right to compensation shall be deemed in every case, including cases where death results from the injury, to have accrued to the injured workman or his dependents or legal representatives at the time of the accident, and the time limit in which to commence proceedings for compensation therefor shall run as against him, his legal representatives and dependents from the date of the accident.
History: L. 1927, ch. 232, § 43; L. 1974, ch. 203, § 35; July 1.
Source or prior law:
L. 1911, ch. 218, § 37; L. 1917, ch. 226, § 21; R.S. 1923, 44-535.
Law Review and Bar Journal References:
"Retroactive Application of the Involuntary Assignment of Benefits Provision in the New Workers' Compensation Act," Robert R. Lee, J.K.T.L.A. Vol. XVII, No. 6, 22 (1994).
CASE ANNOTATIONS
Explanation, see Revisor's Note under article title, chapter 44, article 5.
1. Cause of action accrues at time of accident. Frary v. Roxana Pet. Corp., 135 Kan. 216, 218, 9 P.2d 652 (1932); overruling 132 Kan. 854, 297 P. 668 (1931).
2. Amount of compensation is a single sum, definitely ascertainable by a prescribed method, the right to which becomes fully vested in the widow on the death of her husband. Smith v. Boiler Works Co., 104 Kan. 591, 593, 180 P. 259 (1919).
3. Section states when cause of action under compensation law accrues. Routh v. List & Weatherly Construction Co., 124 Kan. 222, 224, 257 P. 721 (1927).
4. Time of claim provided, does not apply when rights had accrued at time of passage of act. Fray v. Roxana Pet. Corp., 135 Kan. 216, 9 P.2d 652 (1932).
5. Act does not prescribe limitations statute; what constitutes reasonable period. Cruse v. Chicago, R.I.& P. Rly. Co., 138 Kan. 117, 121, 122, 23 P.2d 471 (1933).
6. Whole act based on theory right to compensation accrues at time of accident. McGhay v. Eaton, 146 Kan. 686, 688, 73 P.2d 15 (1937).
7. Discussed in holding 1939 amendment to K.S.A. 44-520a applicable to claim arising before enactment. Dobson v. Wilson & Co., Inc., 152 Kan. 820, 821, 107 P.2d 676 (1940).
8. Death from injury occurred more than three years after accident; action barred. Forcade v. List & Clark Construction Co., 172 Kan. 119, 121, 122, 123, 125, 238 P.2d 549 (1951).
9. Death to be compensable must occur within three years from date of injury. Brooks v. Kansas Power & Light Co., 182 Kan. 177, 178, 179, 318 P.2d 1036 (1957).
10. Case set for hearing less than three years after compensation paid is in time. Clark v. Tucker Electric Co., 185 Kan. 580, 583, 345 P.2d 620 (1959).
11. Time of accident determines what rights to compensation have accrued. Johnson v. Warren, 192 Kan. 310, 313, 387 P.2d 213 (1963).
12. Order requiring subsequent employer to reimburse prior employer for injury occurring during employment with subsequent employer reversed. Kimber v. U.S.D. No. 418, 24 Kan. App. 2d 280, 282, 944 P.2d 169 (1997).