44-577. Same; claims for compensation by state employees; service of claims; defense of fund; regional emergency medical response team. (a) All claims for compensation under the workers compensation act against any state agency for claims arising on and after July 1, 1974, and claims for compensation remaining from the self-insurance program which existed prior to July 1, 1974, for institutional employees of the commission of community services and programs of the Kansas department for aging and disability services shall be made against the state workers compensation self-insurance fund. Such claims shall be served upon the secretary of health and environment in the secretary's capacity as administrator of the state workers compensation self-insurance fund in the manner provided for claims against other employers under the workers compensation act. The chief attorney for the department of health and environment, or another attorney of the department of health and environment designated by the chief attorney, shall represent and defend the state workers compensation self-insurance fund in all proceedings under the workers compensation act.
(b) The secretary of health and environment shall investigate, or cause to be investigated, each claim for compensation against the state workers compensation self-insurance fund. For the purposes of such investigations, the secretary of health and environment is authorized to obtain expert medical advice regarding the injuries, occupational diseases and disabilities involved in such claims. If, based upon such investigation and any other available information, the secretary of health and environment finds that there is no material dispute as to any issue involved in the claim, that the claim is valid and that the claim should be settled by agreement, the secretary of health and environment may proceed to enter into such an agreement with the claimant, for the state workers compensation self-insurance fund. Any such agreement may provide for lump-sum settlements subject to approval by the director and all such agreements shall be filed in the office of the director for approval as provided in K.S.A. 44-527, and amendments thereto. All other claims for compensation against such fund shall be paid in accordance with the workers compensation act pursuant to final awards or orders of an administrative law judge or the board or pursuant to orders and findings of the director under the workers compensation act.
(c) For purposes of the workers compensation act, a volunteer member of a regional emergency medical response team as provided in K.S.A. 48-928, and amendments thereto, shall be considered a person in the service of the state in connection with authorized training and upon activation for emergency response, except when such duties arise in the course of employment or as a volunteer for an employer other than the state.
History: L. 1974, ch. 204, § 3; L. 1977, ch. 180, § 2; L. 1993, ch. 286, § 69; L. 2002, ch. 149, § 5; L. 2013, ch. 104, § 16; L. 2014, ch. 115, § 195; 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.