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 hasbeen awarded under the workers compensation act, is not paid when due to theperson, firm or corporation entitled thereto, the employee shall be entitled toa civil penalty, to be set by the administrative law judge andassessed against the employer orinsurance 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 anamount 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 medicalbill, if: (1) Service of written demand for payment, setting forth withparticularity the items of disability and medical compensation claimed to beunpaid and past due, has been made personally or by registered mail on theemployer or insurance carrier liable for such compensation and its attorney ofrecord; and (2) payment of such demand is thereafter refused or is not madewithin 20 days from the date of service of such demand.
(b) After the service of such written demand, if the payment ofdisability compensation or medical compensation set forth in the writtendemand is not made within 20 days from the date of service of suchwritten demand, plus any civil penalty, as provided in subsection (a), ifsuch compensation was in fact past due, then all past due compensation and anysuch penalties shall become immediately due and payable. Service of writtendemand shall be required only once after the final award. Subsequent failuresto pay compensation, including medical compensation, shall entitle the employeeto apply for the civil penalty without demand. The employee may maintain anaction in the district court of the county where the cause of action arose forthe collection of such past due disability compensation and medicalcompensation, any civil penalties due under this section and reasonableattorney fees incurred in connection with the action.
(c) The remedies of execution, attachment, garnishment or any otherremedy or procedure for the collection of a debt now provided by the lawsof this state shall apply to such action and also to all judgments enteredunder the provisions of K.S.A. 44-529 and amendments thereto, except that noexemption granted by any law shall apply except the homestead exemption grantedand 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.
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 hasbeen awarded under the workers compensation act, is not paid when due to theperson, firm or corporation entitled thereto, the employee shall be entitled toa civil penalty, to be set by the administrative law judge andassessed against the employer orinsurance 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 anamount 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 medicalbill, if: (1) Service of written demand for payment, setting forth withparticularity the items of disability and medical compensation claimed to beunpaid and past due, has been made personally or by registered mail on theemployer or insurance carrier liable for such compensation and its attorney ofrecord; and (2) payment of such demand is thereafter refused or is not madewithin 20 days from the date of service of such demand.
(b) After the service of such written demand, if the payment ofdisability compensation or medical compensation set forth in the writtendemand is not made within 20 days from the date of service of suchwritten demand, plus any civil penalty, as provided in subsection (a), ifsuch compensation was in fact past due, then all past due compensation and anysuch penalties shall become immediately due and payable. Service of writtendemand shall be required only once after the final award. Subsequent failuresto pay compensation, including medical compensation, shall entitle the employeeto apply for the civil penalty without demand. The employee may maintain anaction in the district court of the county where the cause of action arose forthe collection of such past due disability compensation and medicalcompensation, any civil penalties due under this section and reasonableattorney fees incurred in connection with the action.
(c) The remedies of execution, attachment, garnishment or any otherremedy or procedure for the collection of a debt now provided by the lawsof this state shall apply to such action and also to all judgments enteredunder the provisions of K.S.A. 44-529 and amendments thereto, except that noexemption granted by any law shall apply except the homestead exemption grantedand 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.
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 hasbeen awarded under the workers compensation act, is not paid when due to theperson, firm or corporation entitled thereto, the employee shall be entitled toa civil penalty, to be set by the administrative law judge andassessed against the employer orinsurance 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 anamount 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 medicalbill, if: (1) Service of written demand for payment, setting forth withparticularity the items of disability and medical compensation claimed to beunpaid and past due, has been made personally or by registered mail on theemployer or insurance carrier liable for such compensation and its attorney ofrecord; and (2) payment of such demand is thereafter refused or is not madewithin 20 days from the date of service of such demand.
(b) After the service of such written demand, if the payment ofdisability compensation or medical compensation set forth in the writtendemand is not made within 20 days from the date of service of suchwritten demand, plus any civil penalty, as provided in subsection (a), ifsuch compensation was in fact past due, then all past due compensation and anysuch penalties shall become immediately due and payable. Service of writtendemand shall be required only once after the final award. Subsequent failuresto pay compensation, including medical compensation, shall entitle the employeeto apply for the civil penalty without demand. The employee may maintain anaction in the district court of the county where the cause of action arose forthe collection of such past due disability compensation and medicalcompensation, any civil penalties due under this section and reasonableattorney fees incurred in connection with the action.
(c) The remedies of execution, attachment, garnishment or any otherremedy or procedure for the collection of a debt now provided by the lawsof this state shall apply to such action and also to all judgments enteredunder the provisions of K.S.A. 44-529 and amendments thereto, except that noexemption granted by any law shall apply except the homestead exemption grantedand 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.
