Printable Format44-529. Judgment on agreement or awards. At any time before final payment of compensation has been made under, or pursuant to any award or agreement of the parties modifying same, the workman, or his dependents, may upon notice to the employer apply to the director for an award against the employer in a lump sum equal to 95 percent of the amount of payments due and unpaid and prospectively due under said award, and unless the proceedings be stayed as hereinafter provided in this act, or unless said award be canceled as herein provided in this act or the liability be redeemed as provided in this act, the director shall hear all competent evidence offered and if satisfied that the workman's, or dependent's, application for award is made because of doubt as to the security of his compensation and supported by competent evidence that he is not secure as to the payments of his compensation, shall, unless there shall be given a certificate of a licensed or authorized insurance company or reciprocal or interinsurance exchange or association that the amount of compensation to the workman is insured by it, or a proper bond or undertaking approved by the director to secure the payment of the compensation due to such workman, compute the sum and enter an award accordingly, and thereafter a certified copy of said award may be filed in the office of the clerk of the district court where the cause of action arose and said district court may, upon ten (10) days' notice to the employer, enter a judgment according to the terms and provisions of said award.
History: L. 1927, ch. 232, § 29; June 30.
Source or prior law:
L. 1911, ch. 218, § 31; L. 1917, ch. 226, § 17; R.S. 1923, 44-529.
CASE ANNOTATIONS
Explanation, see Revisor's Note under article title, chapter 44, article 5.
1. Section construed with K.S.A. 44-530; filing of supersedeas bond not authorized (but see 1961 amendments to K.S.A. 44-556). Teague v. George, 188 Kan. 809, 813, 814, 365 P.2d 1087 (1961).
2. Discussed; provisions of K.S.A. 44-512a not stayed during time for appeal (but see 1961 amendments to K.S.A. 44-556). Harris v. Moore Associates of Topeka, 188 Kan. 822, 825, 365 P.2d 1085 (1961).
3. Director's order on petition and stipulation held an award; director without jurisdiction to set aside award after final payment. Farr v. Mid-Continent Lead & Zinc Co., 150 Kan. 292, 303, 92 P.2d 124 (1939); affirmed 151 Kan. 51, 74, 98 P.2d 437 (1940).
4. Final award by district court enforceable by execution. Lenon v. Standard Oil Co., 134 Kan. 289, 291, 5 P.2d 853 (1931).
5. If procedure herein not followed, award is subject to modification. Resnar v. Wilbert & Schreeb Coal Co., 132 Kan. 806, 809, 297 P. 429 (1931).
6. Awards distinguished from judgments. Jackovich v. Armour & Co., 132 Kan. 656, 660, 296 P. 708 (1931).
7. Cited in considering authority of district court to determine application for lump sum award. Johnson v. General Motors Corporation, 199 Kan. 720, 723, 433 P.2d 585 (1967).
8. Applied; failure to file supersedeas bond authorized claimant to serve written demand under K.S.A. 44-512a. Kelly v. Phillips Petroleum Co., 222 Kan. 347, 351, 352, 354, 566 P.2d 10.
9. Insolvent employer's obligation under Kansas workers compensation act was nontax in nature; not entitled to tax priority in bankruptcy. In Re Payne, 27 B.R. 809, 810, 814 (1983).