44-510k.Post-award medical benefits; application;notice; attorney fees.(a) At any time after the entry of an award forcompensation, the employee may make application for a hearing, in such form asthe director may require for the furnishing of medical treatment. Suchpost-award hearing shall be held by the assigned administrative law judge, inany county designated by the administrative law judge, and the judge shallconduct the hearing as provided in K.S.A. 44-523 and amendments thereto. Theadministrative law judge can make an award for further medical care if theadministrative law judge finds that the care is necessary to cure or relievethe effects of the accidental injury which was the subject of the underlyingaward. No post-award benefits shall be ordered without giving all parties tothe award the opportunity to present evidence, including taking testimony onany disputed matters. A finding with regard to a disputed issue shall besubject to a full review by the board under subsection (b) of K.S.A. 44-551 andamendments thereto. Any action of the board pursuant to post-award ordersshall be subject to review under K.S.A. 44-556 and amendments thereto.
(b) Any application for hearing made pursuant to this section shall receivepriority setting by the administrative law judge, only superseded bypreliminary hearings pursuant to K.S.A. 44-534a and amendments thereto. Theparties shall meet and confer prior to the hearing pursuant to this section,but a prehearing settlement conference shall not be necessary. Theadministrative law judge shall have authority to award medical treatmentrelating back to the entry of the underlying award, but in no event shall suchmedical treatment relate back more than six months following the filing ofsuch application for post-award medical treatment. Reviews taken under thissection shall receive priority settings before the board, only superseded byreviews for preliminary hearings. A decision shall be rendered by the boardwithin 30 days from the time the review hereunder is submitted.
(c) The administrative law judge may award attorney fees and costs on theclaimant's behalf consistent with subsection (g) of K.S.A. 44-536 andamendmentsthereto.As used in this subsection, "costs" include, but are not limited to, witnessfees, mileage allowances, any costs associated with reproduction of documentsthat become a part of the hearing record, the expense of making a record ofthe hearing and such other charges as are by statute authorized to be taxed ascosts.
History: L. 2000, ch. 160, § 4;L. 2002, ch. 122, § 6; July 1.
44-510k.Post-award medical benefits; application;notice; attorney fees.(a) At any time after the entry of an award forcompensation, the employee may make application for a hearing, in such form asthe director may require for the furnishing of medical treatment. Suchpost-award hearing shall be held by the assigned administrative law judge, inany county designated by the administrative law judge, and the judge shallconduct the hearing as provided in K.S.A. 44-523 and amendments thereto. Theadministrative law judge can make an award for further medical care if theadministrative law judge finds that the care is necessary to cure or relievethe effects of the accidental injury which was the subject of the underlyingaward. No post-award benefits shall be ordered without giving all parties tothe award the opportunity to present evidence, including taking testimony onany disputed matters. A finding with regard to a disputed issue shall besubject to a full review by the board under subsection (b) of K.S.A. 44-551 andamendments thereto. Any action of the board pursuant to post-award ordersshall be subject to review under K.S.A. 44-556 and amendments thereto.
(b) Any application for hearing made pursuant to this section shall receivepriority setting by the administrative law judge, only superseded bypreliminary hearings pursuant to K.S.A. 44-534a and amendments thereto. Theparties shall meet and confer prior to the hearing pursuant to this section,but a prehearing settlement conference shall not be necessary. Theadministrative law judge shall have authority to award medical treatmentrelating back to the entry of the underlying award, but in no event shall suchmedical treatment relate back more than six months following the filing ofsuch application for post-award medical treatment. Reviews taken under thissection shall receive priority settings before the board, only superseded byreviews for preliminary hearings. A decision shall be rendered by the boardwithin 30 days from the time the review hereunder is submitted.
(c) The administrative law judge may award attorney fees and costs on theclaimant's behalf consistent with subsection (g) of K.S.A. 44-536 andamendmentsthereto.As used in this subsection, "costs" include, but are not limited to, witnessfees, mileage allowances, any costs associated with reproduction of documentsthat become a part of the hearing record, the expense of making a record ofthe hearing and such other charges as are by statute authorized to be taxed ascosts.
History: L. 2000, ch. 160, § 4;L. 2002, ch. 122, § 6; July 1.
44-510k.Post-award medical benefits; application;notice; attorney fees.(a) At any time after the entry of an award forcompensation, the employee may make application for a hearing, in such form asthe director may require for the furnishing of medical treatment. Suchpost-award hearing shall be held by the assigned administrative law judge, inany county designated by the administrative law judge, and the judge shallconduct the hearing as provided in K.S.A. 44-523 and amendments thereto. Theadministrative law judge can make an award for further medical care if theadministrative law judge finds that the care is necessary to cure or relievethe effects of the accidental injury which was the subject of the underlyingaward. No post-award benefits shall be ordered without giving all parties tothe award the opportunity to present evidence, including taking testimony onany disputed matters. A finding with regard to a disputed issue shall besubject to a full review by the board under subsection (b) of K.S.A. 44-551 andamendments thereto. Any action of the board pursuant to post-award ordersshall be subject to review under K.S.A. 44-556 and amendments thereto.
(b) Any application for hearing made pursuant to this section shall receivepriority setting by the administrative law judge, only superseded bypreliminary hearings pursuant to K.S.A. 44-534a and amendments thereto. Theparties shall meet and confer prior to the hearing pursuant to this section,but a prehearing settlement conference shall not be necessary. Theadministrative law judge shall have authority to award medical treatmentrelating back to the entry of the underlying award, but in no event shall suchmedical treatment relate back more than six months following the filing ofsuch application for post-award medical treatment. Reviews taken under thissection shall receive priority settings before the board, only superseded byreviews for preliminary hearings. A decision shall be rendered by the boardwithin 30 days from the time the review hereunder is submitted.
(c) The administrative law judge may award attorney fees and costs on theclaimant's behalf consistent with subsection (g) of K.S.A. 44-536 andamendmentsthereto.As used in this subsection, "costs" include, but are not limited to, witnessfees, mileage allowances, any costs associated with reproduction of documentsthat become a part of the hearing record, the expense of making a record ofthe hearing and such other charges as are by statute authorized to be taxed ascosts.
History: L. 2000, ch. 160, § 4;L. 2002, ch. 122, § 6; July 1.
