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eBook details

• Title: Nuttle v. Certain Teed Corp.
• Author : Court of Appeals of Kansas
• Release Date : January 28, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

This is a workers' compensation appeal by the claimant, Saleta Nuttle, from a judgment denying her application for a civil penalty pursuant to K.S.A. 44-512a against the self-insured respondent, Certain Teed Corporation, and the Workers' Compensation Fund. The dispositive facts are not disputed nor is the amount of the award in dispute. The Kansas Workers' Compensation Fund (Fund) was ordered to pay all compensation and medical expenses of the claimant. An award was then made ""[i]n favor of the claimant, Saleta M. Nuttle, and against the respondent, Certain-Teed Corporation, a self-insured, and the Kansas Workers' Compensation Fund."" (Emphasis supplied.) The Fund failed to make timely payments to claimant and she filed two separate written demands for payment on the respondent and the Fund pursuant to 44-512a. Payments were not made in full and claimant requested civil penalties and attorney fees as provided by 44-512a. The administrative law judge, the director and the trial judge all denied the application for civil penalties and attorney fees. The claimant appeals.

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