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Gile v. Associated Co.

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eBook details

  • Title: Gile v. Associated Co.
  • Author : Supreme Court of Kansas
  • Release Date : January 01, 1978
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

This is a review and modification proceeding of a
workers' compensation award under K.S.A. 1977 Supp. 44-528. The
appellants (employer and carrier) appeal from the judgment of the
district court wherein their application for modification and
reduction in payment of total disability compensation was denied. The pertinent part of K.S.A. 1977 Supp. 44-528 provides:

"(a) Any award or modification thereof agreed upon
by the parties, whether said award provides for
compensation into the future or whether it does not,
may be reviewed by the director for good cause shown
upon the application of the workman, employer,
dependent, insurance carrier or any other interested
party. In connection with such review the director
may appoint one (1) or two (2) physicians to examine
the workman and report to the director. The director
shall hear all competent evidence offered and if he
shall find that the award has been obtained by fraud
or undue influence, or that the award was made
without authority, or as a result of serious
misconduct, or that the award is excessive or
inadequate or that the incapacity or disability of
the workman has increased or diminished, the director
may modify such award, or reinstate a prior award,
upon such terms as may be just by increasing or
diminishing the compensation subject to the
limitations provided in the workmen's compensation
act."


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