Printable Format44-569a. Same; employer or insurance carrier reimbursed from fund, when. Whenever in any proceedings on a claim for compensation the workers compensation fund is a party respondent and the employer or insurance carrier has either voluntarily or by order of the administrative law judge, paid disability compensation or furnished medical treatment for the injured worker, or both, such employer or insurance carrier shall be entitled to reimbursement from the workers compensation fund of such compensation or medical treatment, or both, to the extent the fund shall be determined to be liable for such disability compensation or medical treatment, or both. The employer or insurance carrier also shall be entitled to reimbursement from the workers compensation fund as provided in K.S.A. 44-534a, and amendments thereto, subsection (d) of K.S.A. 44-556 and amendments thereto and subsection (c) of K.S.A. 44-569 and amendments thereto.
History: L. 1967, ch. 280, § 16; L. 1974, ch. 203, § 49; L. 1982, ch. 213, § 9; L. 1993, ch. 286, § 64; July 1.
Law Review and Bar Journal References:
Employee may receive compensation while the question of liability is being litigated between the employer and the second injury fund, William F. Morrissey, 36 J.B.A.K. 173, 175 (1967).
"Potential Federalization of State Workmen's Compensation Law—The Kansas Response," James C. Wright and James P. Rankin, 15 W.L.J. 244, 258 (1976).
"Workmen's Compensation—The Preliminary Hearing, the Workmen's Compensation Fund, and Civil Penalties for Failure to Pay Compensation When Due," Albert M. Ross, 24 K.L.R. 623, 625 (1976).
"Workmen's Compensation—The Workmen's Compensation Fund," Charles J. Woodin, 24 K.L.R. 641, 642 (1976).
CASE ANNOTATIONS
1. Section contemplates temporary award until final adjudication of liability of second injury fund. Bushey v. Plastic Fabricating Co., 213 Kan. 121, 126, 515 P.2d 735.
2. Liability of workmen's compensation fund derives from that of employer; settlement between claimant and employer precludes action against fund by claimant. Arduser v. Daniel International Corp., 7 Kan. App. 2d 225, 229, 232, 640 P.2d 329 (1982).