44-509. (a) In case an injured workman is an incapacitated person or a minor, or when death results from an injury in case any of his dependents, as herein defined, is an incapacitated person "or a minor" at the time when any right, privilege, or election accrues to him under the workmen's compensation act, his guardian or conservator may on his behalf, claim and exercise such right, privilege, or election, and no limitation of time, in the workmen's compensation act provided for, shall run, so long as such incapacitated person or minor has no guardian or conservator.
History: L. 1927, ch. 232, § 9; L. 1939, ch. 213, § 1; L. 1955, ch. 250, § 3; L. 1965, ch. 319, § 2; L. 1974, ch. 203, § 8; July 1.
Source or prior law:
L. 1911, ch. 218, § 10; R.S. 1923, 44-509.
Law Review and Bar Journal References:
"Workers' Compensation Review," Patrick Nichols, J.K.T.L.A. Vol. XVIII, No. 3, Work. Comp. Review Section, 1, 8 (1995).
"Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 26, No. 2, 19 (2002).
CASE ANNOTATIONS
Explanation, see Revisor's Note under article title, chapter 44, article 5.
IN GENERAL (1-8)
1. Claim not barred when guardian not appointed. Minturn v. Manufacturing Co., 102 Kan. 885, 886, 172 P. 17 (1918).
2. Time for incompetent to commence proceedings is unlimited only until guardian appointed. Cruse v. Chicago, R. I. & P. Rly. Co., 138 Kan. 117, 121, 23 P.2d 471 (1933).
3. Question of mental competence is a question of fact not subject to review on appeal. Everett v. Kansas Power Co., 160 Kan. 712, 719, 165 P.2d 595 (1946).
4. No award review after final payment acceptance, even if some evidence of temporary incompetence is presented. Everett v. Kansas Power Co., 160 Kan. 712, 719, 165 P.2d 595 (1946).
5. Failure to discover nature of injury will not extend statutory period. Fougnie v. Wilbert & Schreeb Coal Co., 130 Kan. 410, 414, 286 P. 396 (1930).
6. Payment of compensation to dependents; settlement with minors considered. Gilliland v. Zinc Co., 112 Kan. 39, 41, 209 P. 658 (1922).
7. Minor may make his own election concerning coming within act; guardian not proper party to make election before injury sustained. Railway Co. v. Fuller, 105 Kan. 608, 615, 186 P. 127 (1919).
8. Claim signed by mother and next friend held sufficient. Minturn v. Manufacturing Co., 102 Kan. 885, 886, 172 P. 17 (1918).
CLAIMS OF MINORS (10-15)
10. Minor bound by act unless incompetent as matter of law or fact; since amended to protect minor. Suttle v. Marble Produce Co., 140 Kan. 13, 17, 34 P.2d 116 (1934).
11. Statute not tolled on ground of minority under former act. Williams v. Cities Service Gas Co., 151 Kan. 497, 500, 99 P.2d 822 (1940).
12. Child twenty months old held incompetent under section. Baxter v. Chicago, R. I. & P. Rly. Co., 139 Kan. 443, 449, 32 P.2d 451 (1934).
13. Under former provision of statute minors over 10 years old, not making timely claim, were barred. Brenn v. City of St. John, 149 Kan. 416, 421, 87 P.2d 546 (1939).
14. Minor workman's claim barred under this section; act since amended; history of section reviewed. Johnson v. Snyder Chemical Co., 178 Kan. 580, 581, 583, 290 P.2d 1010 (1955).
15. Limitations of action in death claim by dependent minor is not extended by this section. Brooks v. Kansas Power & Light Co., 182 Kan. 177, 178, 179, 318 P.2d 1036 (1957).