44-534. Proceedings; time limitations.
44-534
44-534. Proceedings; time limitations.(a) Whenever the employer, worker, Kansas workers compensation fund orinsurance carrier cannot agreeupon the worker's right to compensation under the workers compensationact or upon any issue in regard to workers compensation benefits due theinjured worker thereunder, the employer, worker, Kansas worker's compensationfund or insurance carrier mayapply in writing to the director for a determination of the benefits orcompensation due or claimed to be due. The application shall be in the formprescribed by the rules and regulations of the director and shall set forththe substantial and material facts in relation to the claim.Whenever an application is filed under this section, the matter shall beassigned to an administrative law judge. The director shall forthwithmail a certified copy of the application to the adverse party. Theadministrative law judge shall proceed, upon due and reasonable notice to theparties, which shall not be less than 20 days, to hear all evidence in relationthereto and to make findings concerning the amount of compensation, if any dueto the worker.
(b) No proceeding for compensation shall be maintained under the workerscompensation act unless an application for a hearing is on file in the officeof the director within three years of the date of the accident or within twoyears of the date of the last payment of compensation, whichever is later.
History: L. 1927, ch. 232, § 41;L. 1974, ch. 203, § 33;L. 1993, ch. 286, § 48;L. 1997, ch. 125, § 8;L. 1998, ch. 114, § 3; July 1.