44-523. Hearing procedure; time limitations on evidence and entry of award; prehearing settlement conference; closure of claims.
44-523
44-523. Hearing procedure; time limitations onevidence and entryof award; prehearing settlement conference; closure of claims.(a) The director, administrative law judge or board shall not beboundby technical rules of procedure, but shall give the parties reasonableopportunity to be heard and to present evidence, insure the employeeand the employer anexpeditious hearing and act reasonably without partiality.
(b) Whenever a party files an application for hearing pursuant toK.S.A. 44-534 and amendments thereto, the matter shall beassigned to an administrative law judge for hearing and theadministrative law judge shall set a terminal date to require theclaimant to submit all evidence in support of the claimant's claim nolater than 30 days after the first full hearing before theadministrative law judge and to require the respondent to submit allevidence in support of the respondent's position no later than 30 daysthereafter. An extension of the foregoing time limits shall be granted if allparties agree. An extension of the foregoing time limits may also begranted:
(1) If the employee is being paid temporary or permanent totaldisability compensation;
(2) for medical examination of the claimant if the partyrequestingthe extension explains in writing to the administrative law judge factsshowing that the party made a diligent effort but was unable to have amedical examination conducted prior to the submission of the case by theclaimant but then only if the examination appointment was set and noticeof the appointment sent prior to submission by the claimant; or
(3) on application for good cause shown.
(c) When all parties have submitted the case to an administrativelaw judge for an award, the administrative law judge shall issue anaward within 30 days.The administrative law judge shall not stay a decision due to the absence ofa submission letter.When the award is not entered in 30 days, any party tothe action may notify the director that an awardis not entered and the director shall assign the matter to an assistantdirector or to a special administrative law judge who shall enter anaward forthwith based on the evidence in therecord, or the director, on the director's own motion, may remove thecase from the administrative law judge who has not entered an awardwithin 30 days following submission by the party and assign itto an assistant director or to a special administrative law judge forimmediate decision based on the evidence inthe record.
(d) Not less than 10 days prior to the first full hearing before anadministrative law judge, the administrative law judge shall conduct aprehearing settlement conference for the purpose of obtaining stipulations fromthe parties, determining the issues and exploring the possibility that theparties may resolve those issues and reach a settlement prior to the first fullhearing.
(e) (1) If a party or a party's attorney believes that theadministrative law judge to whom a case is assigned cannot afford that party afair hearing in the case, the party or attorney may file a motion for change ofadministrative law judge. A party or a party's attorney shall not file morethan one motion for change of administrative law judge in a case. Theadministrative law judge shall promptly hear the motion informally uponreasonable notice to all parties who have appeared in the case. Notwithstandingthe provisions of K.S.A. 44-552, and amendments thereto, the administrative lawjudge shall decide, in the administrative law judge's discretion, whether ornot the hearing of such motion shall be taken down by a certified shorthandreporter. If the administrative law judge disqualifies the administrative lawjudge's self, the case shall be assigned to another administrative law judge bythe director. If the administrative law judge refuses to disqualify theadministrative law judge's self, the party seeking a change of administrativelaw judge may file in the district court of the county in which the accidentoccurred the affidavit provided in subsection (e)(2). If an affidavit is to befiled in the district court, it shall be filedwithin 10 days.
(2) If a party or a party's attorney files an affidavit alleging any of thegrounds specified in subsection (e)(3), the chief judge shall at oncedetermine, or refer the affidavit to another district court judge for promptdetermination of, the legal sufficiency of the affidavit. If the affidavit isfiled in a district court in which there is no other judge who is qualified tohear the matter, the chief judge shall at once notify the departmental justicefor the district and request the appointment of another district judge todetermining the legal sufficiency of the affidavit. If the affidavit is foundtobe legally sufficient, the district court judge shall order the director toassign the case to another administrative law judge or to an assistantdirector.
(3) Grounds which may be alleged as provided in subsection (e)(2) for changeof administrative law judge are that:
(A) The administrative law judge has been engaged as counsel in the caseprior to the appointment as administrative law judge.
(B) The administrative law judge is otherwise interested in the case.
(C) The administrative law judge is related to either party in the case.
(D) The administrative law judge is a material witness in the case.
(E) The party or party's attorney filing the affidavit has cause to believeand does believe that on account of the personal bias, prejudice or interest ofthe administrative law judge such party cannot obtain a fair and impartialhearing. Such affidavit shall state the facts and the reasons for the beliefthatbias, prejudice or an interest exists.
(4) In any affidavit filed pursuant to subsection (e)(2), the recital ofprevious rulings or decisions by the administrative law judge on legal issuesor concerning prior motions for change of administrative law judge filed bycounsel or such counsel's law firm, pursuant to this subsection, shall not bedeemed legally sufficient for any believe that bias or prejudice exists.
(f) Any claim that has not proceeded to final hearing, a settlementhearing,or an agreed award under the workers compensation act within five years fromthe date of filing an application for hearing pursuant to K.S.A. 44-534, andamendments thereto, shall be dismissed by the administrative law judge for lackof prosecution. The administrative law judge may grant an extension for goodcause shown, which shall be conclusively presumed in the event that theclaimant has not reached maximum medical improvement, provided such motion toextend is filed prior to the five year limitation provided for herein. Thissection shall not affect any future benefits which have been left open uponproper application by an award or settlement.
History: L. 1927, ch. 232, § 23;L. 1974, ch. 203, § 27;L. 1979, ch. 156, § 10;L. 1980, ch. 146, § 5;L. 1989, ch. 149, § 2;L. 1993, ch. 286, § 43;L. 1997, ch. 125, § 6;L. 2002, ch. 122, § 7;L. 2006, ch. 117, § 1; July 1.