44-577. Same; claims for compensation by state employees; service of claims; defense of fund; regional emergency medical response team.
44-577
44-577. Same; claims for compensation by stateemployees; service ofclaims; defense of fund; regional emergency medical response team.(a) All claims for compensation under the workerscompensation actagainst any state agency for claims arising on and after July 1, 1974,and claims for compensation remaining from the self-insurance program whichexisted prior to July 1, 1974, for institutional employees of the divisionof mental health and retardation services of the department of social andrehabilitation services shall be made against the stateworkers compensationself-insurancefund. Such claims shall be served upon the secretary of administrationin the secretary's capacity as administrator of the state workers compensationself-insurance fund in the manner provided for claims against otheremployers under the workers compensation act. The chiefattorney forthe department of administration, or another attorney of the departmentof administration designated by the chief attorney, shall represent anddefend the state workers compensation self-insurance fund inallproceedings under the workers compensation act.
(b) The secretary of administration shall investigate, or cause tobe investigated, each claim for compensation against the stateworkerscompensation self-insurance fund. For the purposes of suchinvestigations, the secretary of administration is authorized to obtainexpert medical advice regarding the injuries, occupational diseases anddisabilities involved in such claims. If, based upon such investigationand any other available information, the secretary of administrationfinds that there is no material dispute as to any issue involved in theclaim, that the claim is valid and that the claim should be settled byagreement, the secretary of administration may proceed toenter into such an agreement with theclaimant, for the state workers compensation self-insurancefund. Anysuch agreement may provide for lump-sum settlements subject to approvalby the director and all such agreements shall befiled in the office of the director for approval as provided inK.S.A.44-527 and amendments thereto. All other claims for compensation againstsuch fund shall bepaid in accordance with the workers compensation act pursuanttofinal awards or orders of an administrative law judge or the board or pursuantto orders andfindings of the director under the workers compensation act.
(c) For purposes of the workers compensation act, a volunteer member of aregional emergency medical response team as provided in K.S.A. 48-928, andamendments thereto, shall be considered a person in the service of the state inconnection with authorized training and upon activation for emergency response,except when such duties arise in the course of employment or as a volunteerfor an employer other than the state.
History: L. 1974, ch. 204, § 3; L. 1977, ch. 180, § 2;L. 1993, ch. 286, § 69;L. 2002, ch. 149, § 5; July 1.