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Carpenter v. National Filter Service12/17/1999
Appeal from the Workers Compensation Board.
Affirmed.
Travelers Insurance Company (Travelers) appeals the dismissal of its administrative appeal to the Workers Compensation Board (Board). We affirm.
The claimant, Robert Carpenter, while an employee of National Filter Service (National), injured his knee while working in Minnesota. National has offices in Wichita. The claimant's contract was signed in Kansas. The claimant's job required him to travel to stores at various locations in the Midwest.
At the time of the claimant's accident, National had obtained workers compensation coverage under an insurance policy issued by Royal Insurance Company (Royal). The policy is administered by Travelers in Kansas.
The administrative law judge made a preliminary award to the claimant of temporary total disability benefits from the date of the accident forward and the cost of medical treatment. The judge assessed the costs of all benefits against Travelers and Royal.
Travelers appealed to the Board, arguing the policy did not cover injuries in Kansas. The Board dismissed the appeal.
The Board's review is limited to final orders, awards, modifications of awards, or preliminary awards under K.S.A. 1998 Supp. 44-534a. See K.S.A. 1998 Supp. 44-551(b)(1).
In this appeal, Travelers argues that the assessment entered by the judge was a preliminary award. Therefore, we must look to the Workers Compensation Act for the methods of its administration. See Jones v. Continental Can. Co., 260 Kan. 547, 557, 920 P.2d 939 (1996). Interpretation of a statute is a question of law, subject to unlimited review. Hamilton v. State Farm Fire & Cas. Co., 263 Kan. 875, 879, 953 P.2d 1027 (1998).
The judge in this case described the proceeding as a preliminary hearing. Preliminary awards, however, are not generally appealable to the Board. See Rivera v. Cimarron Dairy, 267 Kan. 875, 879, ______P.2d _____ (1999). As the Rivera court stated, the purpose of foreclosing an appeal from a preliminary hearing is to afford the injured employee immediate access to medical and living expenses pending a full hearing. 267 Kan. at 879.
At a preliminary hearing, the judge may summarily award medical and temporary total disability compensation upon a finding that the injury is compensable. If the compensability of the claim or the claimant's entitlement to benefits is disputed, the employer may present evidence on the disputed issues. See K.S.A. 1998 Supp. 44-534a(a)(2). The statute then lists findings on disputed issues which are subject to Board review: whether the claimant suffered an injury by accident; whether the injury arose out of and in the course of employment; whether notice was given or claim timely made; or whether certain defenses apply. K.S.A. 1998 Supp. 44-534a(a)(2).
The statute does not specify the "certain defenses" which may be appealed to the Board. The statute does state that all the listed findings subject to Board review are considered jurisdictional. Thus, Board review is limited to allegations that the judge exceeded the judge's jurisdiction in entering the preliminary award. See K.S.A. 1998 Supp. 44-551(b)(2)(A).
Travelers maintains that the judge exceeded his jurisdiction because the claimant was not covered by the Royal policy on the date of the accident. We note that Travelers does not deny the judge has subject matter jurisdiction over insurance liability. However, Travelers does claim it was not a proper party to the proceedings because Royal's policy was not effective in Kansas.
Travelers cites as support King v. El Dorado Motor Co., 181 Kan. 477, 311
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