44-531. Redemption of liability; lump-sum payment of award; exception.
44-531
44-531. Redemption of liability; lump-sum payment of award; exception.(a) Where all parties agree to the payment of all or any part ofcompensation due under the workers compensation act or underany award orjudgment, and where it has been determined at a hearing before theadministrative law judge that it is for the bestinterest of the injuredemployee or the dependents of a deceased employee, or that it will avoidundue expense, litigation or hardship to any party or parties, theadministrative law judgemay permit the employer to redeem all or any part of the employer'sliability underthe workers compensation act by the payment of compensationin a lumpsum,except that no agreement for payment of compensation in a lump sum shall beapproved for nine months after an employee has returned towork in cases in whichthe employee, who would otherwise be entitled to compensation for workdisability, is not entitled to work disability compensation because of beingreturned to work at a comparable wage by the employer whoemployed the worker at the time of the injury giving rise to the claim beingsettled.The employer shallbe entitled to an 8% discount except as provided in subsection (a) of K.S.A.44-510b and amendments thereto onthe amount of any such lump-sum payment that is not yet due at the time ofthe award.Upon paying such lump sum theemployer shall be released and discharged of and from all liability underthe workers compensation act for that portion of theemployer's liabilityredeemed under this section.
(b) No lump-sum awards, unless agreed to by the parties, shall berendered under theworkers compensation act except: (1)As provided in subsection (a) ofthis section, (2) as provided in subsection(a)K.S.A. 44-510b andamendments thereto, (3) in cases involving compensation duethe employee at the time theaward is rendered as provided in K.S.A. 44-525 andamendments thereto and in cases ofpast due compensation as provided in K.S.A. 44-529 and amendmentsthereto.
History: L. 1927, ch. 232, § 31;L. 1955, ch. 250, § 8;L. 1974, ch. 203, § 30;L. 1993, ch. 286, § 46;L. 1996, ch. 79, § 8;L. 2000, ch. 160, § 13; July 1.