44-512a. Failure to pay compensation when due; civil penalty; imposition and collection; attorney fees; other remedies. (a) In the event any compensation, including medical compensation, which has been awarded under the workers compensation act, is not paid when due to the person, firm or corporation entitled thereto, the employee shall be entitled to a civil penalty, to be set by the administrative law judge and assessed against the employer or insurance carrier liable for such compensation in an amount of not more than $100 per week for each week any disability compensation is past due and in an amount for each past due medical bill equal to the larger of either the sum of $25 or the sum equal to 10% of the amount which is past due on the medical bill, if: (1) Service of written demand for payment, setting forth with particularity the items of disability and medical compensation claimed to be unpaid and past due, has been made personally or by registered mail on the employer or insurance carrier liable for such compensation and its attorney of record; and (2) payment of such demand is thereafter refused or is not made within 20 days from the date of service of such demand.
(b) After the service of such written demand, if the payment of disability compensation or medical compensation set forth in the written demand is not made within 20 days from the date of service of such written demand, plus any civil penalty, as provided in subsection (a), if such compensation was in fact past due, then all past due compensation and any such penalties shall become immediately due and payable. Service of written demand shall be required only once after the final award. Subsequent failures to pay compensation, including medical compensation, shall entitle the employee to apply for the civil penalty without demand. The employee may maintain an action in the district court of the county where the cause of action arose for the collection of such past due disability compensation and medical compensation, any civil penalties due under this section and reasonable attorney fees incurred in connection with the action.
(c) The remedies of execution, attachment, garnishment or any other remedy or procedure for the collection of a debt now provided by the laws of this state shall apply to such action and also to all judgments entered under the provisions of K.S.A. 44-529 and amendments thereto, except that no exemption granted by any law shall apply except the homestead exemption granted and guaranteed by the constitution of this state.
History: L. 1943, ch. 189, § 1; L. 1961, ch. 243, § 2; L. 1974, ch. 203, § 20; L. 1987, ch. 187, § 10; L. 1990, ch. 183, § 5; L. 1993, ch. 286, § 39; July 1.
Structure Kansas Statutes
Chapter 44 - Labor And Industries
Article 5 - Workers Compensation
44-501b Legislative intent; employer obligation, burden of proof; liability.
44-501c Public service benefits protection act.
44-502 Reservation of penalties.
44-503a Multiple employment; apportionment of liability.
44-503c Employment status of an owner-operator of a motor vehicle; definitions.
44-505b County as self-insurer; establishment of reserve fund; retransfers.
44-505c Local political and taxing subdivision; payment of workmen's compensation coverage.
44-505f City as self-insurer; establishment of reserve fund; retransfers.
44-506 Application of act to certain businesses or employments, lands and premises.
44-509 Incapacitated workman or dependent; exercise of rights; limitation of actions.
44-510c Compensation for permanent total and temporary total disabilities.
44-510d Compensation for certain permanent partial disabilities; computation thereof; schedule.
44-510f Employer's maximum liability for disability compensation; credit for unearned wages.
44-510j Medical benefits; fee disputes; utilization and peer review.
44-510l Warning notice to injured employee.
44-511 Definitions; average weekly wage; volunteers; state's average weekly wage.
44-512 Time and manner of compensation payments.
44-512b Failure to pay compensation prior to award without just cause; interest, penalty.
44-513a Minors entitled to compensation; payment.
44-513b Same; act supplemental.
44-514 Payments not assignable; exception, orders for support.
44-516 Medical examination by neutral health care provider.
44-518 Refusal of medical examination; effect.
44-519 Certificate of health care provider as evidence.
44-525 Form of findings and awards; effective date.
44-526 Filing agreements, awards, etc.
44-528 Review and modification of awards; reinstatement; cancellation; effective date.
44-529 Judgment on agreement or awards.
44-530 Staying proceedings upon an award.
44-531 Redemption of liability; lump-sum payment of award; exception.
44-534 Proceedings; time limitations; electronic filing system authorized.
44-535 When the right to compensation accrues.
44-536a Signing of pleadings, motions and other documents; liability for frivolous filings.
44-542a Election by individual employer, partner or self-employed person.
44-543 Election by certain employees.
44-545 Defenses available in certain cases.
44-550 Records of proceedings, documents; custody and preservation.
44-550b Records open to public inspection, exceptions.
44-552 Record of hearing; certified shorthand reporter; transcript; costs.
44-555 Reporter's fees, assessment.
44-556a Transfer of appeals due to constitutional defect.
44-559 Insurance against liability; form and contents of policy.
44-562 Reports to insurance commissioner; inspection.
44-566 Workers compensation fund to facilitate employment of handicapped workers; definitions.
44-569a Same; employer or insurance carrier reimbursed from fund, when.
44-572 Same; review; modification or cancellation of awards.
44-573 Rules and regulations; filing.
44-574 Construing and citing workers compensation laws; severability.
44-578 Same; administrative rules and regulations.
44-579 Same; copies of accident reports to secretary of administration.
44-580 Same; construction of 44-575 to 44-580.
44-581 Group-funded workers compensation pools; requirements.
44-582 Same; certificate of authority; application; commissioner's review of surplus funds.
44-583 Same; irrevocable consent; service of process on commissioner of insurance.
44-584 Same; certificate of authority, renewal, suspension, revocation; examinations.
44-585 Same; premiums; contributions; deposit of premiums; refunds.
44-586 Same; premiums; use; investments.
44-588 Same; premium tax; payment.
44-589 Same; assessments; subject to article 24 of chapter 40 of Kansas Statutes Annotated.
44-590 Same; new members; application; termination.
44-591 Same; board of trustees; duties.
44-592 Same; licensing of persons soliciting workers compensation insurance.
44-593 Reorganization of pool agreement under 12-2216 et seq.
44-594 Same; confidentiality of certain financial information.
44-5,102 Same; distribution upon notice of injury; preparation and dissemination.
44-5,117 Mediation conferences.
44-5,121 Same; cause of action to recover economic losses.
44-5,123 Same; immunity from civil liability for reporting information in good faith.
44-5,124 Assistant attorney general; appointment within division of workers compensation; duties.