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Nuessen v. Sutherlands & Lumbermen's Underwriting Alliance

Court of Appeals of Kansas

June 12, 2015

LESLIE FRANCIS NUESSEN, DECEASED, Appellant,
v.
SUTHERLANDS and LUMBERMEN'S UNDERWRITING ALLIANCE, Appellees

Page 588

Appeal from Workers Compensation Board.

SYLLABUS

BY THE COURT

1. The most fundamental rule of statutory construction is that the intent of the legislature governs if that intent can be ascertained.

2. Pursuant to K.S.A. 2014 Supp. 44-556(a), the appeal of a Workers Compensation Board decision is governed by the Kansas Judicial Review Act, K.S.A. 2014 Supp. 77-601 et seq.

3. K.S.A. 77-616(a) provides that an agency or board may grant a stay during the pendency of the judicial review, unless a stay is otherwise precluded by law. Additionally, K.S.A. 77-616(b) provides that a party may request a stay while the case is under judicial review by filing a motion in the reviewing court.

4. K.S.A. 2014 Supp. 44-556(b) provides that review by the Kansas Court of Appeals does not stay the payment of weekly workers compensation benefits due for the 10 weeks before the Workers Compensation Board decision and for the period of time the decision is being judicially reviewed.

5. K.S.A. 2014 Supp. 44-556(b) does not automatically stay any action of the Workers Compensation Board. Rather, by its plain language, it prohibits the Board and the Kansas Court of Appeals from staying the payment of certain benefits pending review.

6. K.S.A. 44-512a(a) imposes a penalty when a timely demand has been made by the employee/claimant and the employer or insurance carrier fails to timely pay the benefits due.

Michael C. Helbert, of Helbert & Allemang, of Emporia, for appellant.

Michael P. Bandre, of Hoffmeister, Doherty & Webb, LLC, of Overland Park, for appellees.

Before SCHROEDER, P.J., ATCHESON and BRUNS, JJ.

OPINION

Page 589

Schroeder, J.:


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