44-532a. Liability of workers compensation fund for uninsured insolvent employers; cause of action against such employers.
44-532a
44-532a. Liability of workers compensation fund for uninsured insolventemployers; cause of action against such employers.(a) If an employer has no insurance to secure the payment of compensation,as provided in subsection (b) (1) of K.S.A. 44-532 and amendments thereto, andsuch employer is financially unable to pay compensation to an injured worker asrequired by the workers compensation act, or such employer cannot be locatedand required to pay such compensation, the injured worker may apply to thedirector for an award of the compensation benefits, including medicalcompensation, to which such injured worker is entitled, to be paid from theworkers compensation fund. Whenever a worker files an application under thissection, the matter shall be assigned to an administrative law judge forhearing. If the administrative law judge is satisfied as to the existence ofthe conditions prescribed by this section, the administrative law judge maymake an award, or modify an existing award, and prescribe the payments to bemade from the workers compensation fund as provided in K.S.A. 44-569 andamendments thereto. The award shall be certified to the commissioner ofinsurance, and upon receipt thereof, the commissioner of insurance shall causepayment to be made to the worker in accordance therewith.
(b) The commissioner of insurance, acting as administrator of the workerscompensation fund, shall have a cause of action against the employer forrecovery of any amounts paid from theworkers compensation fund pursuant to this section. Such action shall befiled in the district court of the county in which the accident occurred orwhere the contract of employment was entered into.
History: L. 1974, ch. 203, § 32; L. 1982, ch. 213, § 2; L. 1983,ch. 168, § 1;L. 1993, ch. 286, § 47; July 1.