Printable Format44-570. Same; employer's liability for no-dependent deaths; awards to fund; duties of commissioner of insurance; refund. (a) In the event that subsection (d) of K.S.A. 44-510b, and amendments thereto, is inapplicable, every employer in the state of Kansas operating a trade or business under the provisions of the workers compensation act shall pay within 30 days after the award is made the sum of $18,500 to the commissioner of insurance in every case where death results from the accident and where there are no dependents who are entitled to compensation under the workers compensation act.
(b) The commissioner of insurance shall remit all moneys received under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the workers' compensation fund.
(c) Upon rendering an award under this section, the director shall transmit immediately a certified copy thereof to the commissioner of insurance. In case payment is, or has been made, under the provisions of this section and dependency later is shown, or if payment is made by mistake or inadvertence, or under such circumstances that justice requires a refund thereof, the commissioner of insurance is hereby authorized to refund such payment to the employer, or if insured, to the employer's insurance carrier.
History: L. 1945, ch. 221, § 6; L. 1949, ch. 287, § 1; L. 1967, ch. 280, § 15; L. 1974, ch. 203, § 50; L. 1982, ch. 213, § 10; L. 1998, ch. 120, § 6; L. 2000, ch. 160, § 19; L. 2001, ch. 5, § 138; July 1.
Law Review and Bar Journal References:
Survey of law of workmen's compensation, Thomas M. Van Cleave, Jr., 12 K.L.R. 362 (1963).
Second injury fund statutes, Alvin D. Herrington, 35 J.B.A.K. 167, 197 (1966).
"Changes in Workmen's Compensation," William F. Morrissey, 36 J.B.A.K. 173, 174 (1967).
"Workmen's Compensation—An Introduction to Changes in the Kansas Statute," Bryce B. Moore, 24 K.L.R. 603, 608, 609 (1976).
"Liability of the Kansas Workmen's Compensation Fund," Bryce B. Moore, 17 W.L.J. 458, 459 (1978).
CASE ANNOTATIONS
1. Respondent required to pay $500 to second injury fund where workman had no dependents. Karle v. Board of County Commissioners, 188 Kan. 800, 803, 805, 366 P.2d 241 (1961).
2. Payment to fund hereunder not compensation for which an insurer may be subrogated. Farm Bureau Mutual Ins. Co. v. Commercial Standard Ins. Co., 5 Kan. App. 2d 127, 128, 129, 612 P.2d 1265.
3. Limitation on remedies examined when employee has no spouse, children or dependents. Karhoff v. National Mills, Inc., 18 Kan. App. 2d 302, 305, 851 P.2d 1021 (1993).
4. Whether K.S.A. 44-510b violates equal protection by denying heirs death benefits for an employee without dependents examined. Riley v. National Mills, Inc., 19 Kan. App. 2d 541, 543, 873 P.2d 214 (1994).