Printable Format44-557. Employer's duty to report accidents; civil penalty for failure to report; recovery of penalties. (a) It is hereby made the duty of every employer to make or cause to be made a report to the director of any accident, or claimed or alleged accident, to any employee which occurs in the course of the employee's employment and of which the employer or the employer's supervisor has knowledge, which report shall be made upon a form to be prepared by the director, within 28 days, after the receipt of such knowledge, if the personal injuries which are sustained by such accidents, are sufficient wholly or partially to incapacitate the person injured from labor or service for more than the remainder of the day, shift or turn on which such injuries were sustained.
(b) When such accident has been reported and subsequently such person has died, a supplemental report shall be filed with the director within 28 days after receipt of knowledge of such death, stating such fact and any other facts in connection with such death or as to the dependents of such deceased employee which the director may require. Such report or reports shall not be used nor considered as evidence before the director, any administrative law judge, the board or in any court in this state.
(c) The repeated failure of any employer to file or cause to be filed any report required by this section shall be subject to a civil penalty for each violation of not to exceed $250.
(d) Any civil penalty imposed by this section shall be recovered, by the assistant attorney general upon information received from the director, by issuing and serving upon such employer a summary order or statement of the charges with respect thereto and a hearing shall be conducted thereon in accordance with the provisions of the Kansas administrative procedure act, except that, at the discretion of the director, such civil penalties may be assessed as costs in a workers compensation proceeding by an administrative law judge upon a showing by the assistant attorney general that a required report was not filed which pertains to a claim pending before the administrative law judge.
History: L. 1927, ch. 232, § 54; L. 1955, ch. 250, § 11; L. 1957, ch. 293, § 7; L. 1967, ch. 280, § 12; L. 1970, ch. 190, § 10; L. 1974, ch. 203, § 43; L. 1980, ch. 146, § 13; L. 1993, ch. 286, § 59; L. 2000, ch. 160, § 16; L. 2013, ch. 104, § 14; April 25.
Law Review and Bar Journal References:
1953-55 survey of act, Albert M. Ross, 4 K.L.R. 325, 331 (1955).
Survey of law of workmen's compensation, William A. Kelly, 10 K.L.R. 350 (1961).
"Changes in Workmen's Compensation," William F. Morrissey, 36 J.B.A.K. 173, 174 (1967).
Prior law provided that willful neglect or refusal to file reports required under this act constituted a misdemeanor and was punishable by fine, Robert F. Bennett, 39 J.B.A.K. 107, 195 (1970).
Confusion in court interpretation, Thomas M. Van Cleave, Jr., 14 K.L.R. 393, 397 (1965).
"Workmen's Compensation—An Introduction to Changes in the Kansas Statute," Bryce B. Moore, 24 K.L.R. 603, 605, 606 (1976).
"Workmen's Compensation—Major Changes in Employments Covered, Benefits, Defenses, Offsets, and Other Changes," Alvin D. Herrington, 24 K.L.R. 611, 619 (1976).
"Workers' Compensation Review," Patrick Nichols, J.K.T.L.A. Vol. XV, No. 3, Review p. 3 (1992).
"Taking Advantage of the One Year Written Claim Rule: A Review of K.S.A. 44-520 and 44-557(c)," Kelly W. Johnston, J.K.T.L.A. Vol. XV, No. 3, 8, 9 (1992).
"Worker's Compensation Review," J.K.T.L.A. Vol. XIX, No. 6, Review Section, 2 (1996).
"Worker's Compensation Review," J.K.T.L.A. Vol. XX, No. 1, Review Section, 1 (1996).
"Workers Compensation Review," J.K.T.L.A. Vol. XX, No. 6, Review Section, 29 (1997).
"Workers Compensation Review," Patrick R. Nichols, J.K.T.L.A. Vol. 24, No. 2, 26 (2000).
"Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 28, No. 1, 19 (2004).
"Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 28, No. 5, 18 (2005).
Attorney General's Opinions:
"Paid Loss Reporting Forms" is public record available for public inspection. 2004-1.
CASE ANNOTATIONS
1. Employer having actual knowledge of accident must make report; failure to report extends time to commence proceeding to one year.
(a) Ricker v. Yellow Transit Freight Lines, Inc., 191 Kan. 151, 379 P.2d 279 (1963);
(b) Anderson v. Air-Capitol Manufacturers, 190 Kan. 106, 107, 372 P.2d 294 (1962);
(c) Almendarez v. Wilson & Co., 188 Kan. 303, 304, 305, 362 P.2d 1 (1961);
(d) Kronig v. Nolan Motor Co., 186 Kan. 534, 536, 537, 351 P.2d 1 (1960);
(e) Wilson v. Santa Fe Trail Transportation Co., 185 Kan. 725, 736, 742, 347 P.2d 235 (1959).
2. Even employers who have elected not to come under the act are required to report accidents and claims of accidents occurring in their businesses. Krouse v. Lowden, 153 Kan. 181, 193, 109 P.2d 138 (1941).
3. Compliance herewith not admission of commission of commissioner's jurisdiction to enter award. Maidson v. Key Work Clothes, 182 Kan. 186, 195, 318 P.2d 991; Krouse v. Lowden, 153 Kan. 181, 109 P.2d 138 (1941).
4. Time limitations for asserting claim are procedural not substantive; last amendment governs. Wilson v. Santa Fe Trail Transportation Co., 185 Kan. 725, 737, 742, 347 P.2d 235 (1959).
5. Employer's failure to report accident within seven days of notice extends time to commence proceeding to one year. Kronig v. Nolan Motor Co., 186 Kan. 534, 537, 351 P.2d 1 (1960).
6. Written claim under K.S.A. 44-520a is not mentioned as a notice requirement; therefore it is one of the "limitations of time" which does not begin to run unless employer files accident report with director. Ricker v. Yellow Transit Freight Lines, Inc., 191 Kan. 151, 155, 379 P.2d 279 (1963).
7. A claim for compensation must be asserted by workman against his employer to invoke the provisions of the act. Davis v. Reed, 188 Kan. 159, 163, 360 P.2d 847 (1961).
8. Claim of workman held filed within time; attempt of respondent to limit its obligation resembles those in which respondents have persuaded claimants to take a course of action, and then take advantage of claimant's position. Dexter v. Wilde Tool Co., 188 Kan. 816, 821, 365 P.2d 1092 (1961).
9. Cited in holding demand for compensation insufficient. Klein v. McCullough, 135 Kan. 593, 596, 11 P.2d 983 (1932).
10. Once proceeding "commenced" (by serving written claim on employer) claimant has three years to make application for hearing before the director.
(a) Ricker v. Yellow Transit Freight Lines, Inc., 191 Kan. 151, 159, 379 P.2d 279 (1963);
(b) Clark v. Tucker Electric Co., 185 Kan. 580, 345 P.2d 620 (1959);
(c) Cruse v. The Chicago, R.I.&P. Rly. Co., 138 Kan. 117, 23 P.2d 471 (1933).
11. Term "commenced before the commissioner" discussed and construed; the proceeding is commenced when written claim is served on employer within one year of accident. Ricker v. Yellow Transit Freight Lines, Inc., 191 Kan. 151, 158, 379 P.2d 279 (1963).
12. Claim must be filed within one year from date of accident, even if employer has failed to file a report of accident with director; this section construed with K.S.A. 44-520a. Asp v. McPherson County Highway Dept., 192 Kan. 444, 450, 451, 388 P.2d 652 (1964).
13. Statute extends time for filing under K.S.A. 44-520a to maximum of one year. Asp v. McPherson County Highway Dept., 192 Kan. 444, 446, 447, 449, 450, 388 P.2d 652 (1964).
14. Failure to report accident within seven days suspended the limitation of time provided in K.S.A. 44-520a. Magers v. Martin Marietta Corporation, 193 Kan. 137, 142, 143, 144, 392 P.2d 148 (1964).
15. Report filed hereunder not admissible as evidence. Bingham v. Hillcrest Bowl, Inc., 199 Kan. 40, 47, 427 P.2d 591 (1967).
16. Section mentioned and applied. Riedel v. Gage Plumbing & Heating Co., 202 Kan. 538, 539, 449 P.2d 521 (1969).
17. When employer has knowledge of an accident and fails to make a report to director within time prescribed hereunder, time for filing claim is extended to one year from date of accident or last payment of compensation. Odell v. Unified School District, 206 Kan. 752, 755, 756, 757, 481 P.2d 974 (1971).
18. Cited in case determining sufficiency of written claim under K.S.A. 44-520a. Ours v. Lackey, 213 Kan. 72, 79, 515 P.2d 1071.
19. Failure of employer to file report within time required eliminates time limit for application for hearing under K.S.A. 44-534. Childress v. Childress Painting Co., 3 Kan. App. 2d 135, 136, 137, 138, 139, 140, 142, 143, 144, 145, 590 P.2d 1093.
20. When report is not filed by employer within 28 days as required by subsection (c), claimant must commence proceedings before director within one year of date of accident. Childress v. Childress Painting Co., 226 Kan. 251, 254, 597 P.2d 637.
21. When a report is not filed within 28 days, subsection (c) prevents the limitation period from beginning to run and thus delays the commencement of the time limitation; it suspends the start of the three-year limitation. Childress v. Childress Painting Co., 226 Kan. 251, 252, 253, 254, 597 P.2d 637.
22. Claim timely filed; knowledge of accident by employer who fails to file report operates to extend time for filing to one year from accident. Morgan v. Inter-Collegiate Press, 4 Kan. App. 2d 319, 320, 322, 606 P.2d 479.
23. No error in workers compensation board holding that worker's claim was untimely filed. Lawrence v. Cobler, 22 Kan. App. 2d 291, 293, 915 P.2d 157 (1996).
24. Claimant's application for hearing was timely where employer never filed report of accident. Burnside v. Cessna Aircraft Co., 24 Kan. App. 2d 684, 690, 951 P.2d 1315 (1998).
25. Claimant's deadline to file a written claim is extended when an employer failed to file an accident report despite the notice. Nilges v. State, 46 Kan. App. 2d 888, 266 P.3d 587 (2011).