44-5a01. Occupational diseases; treated as injuries by accident under workmen’s compensation act; defined; limitations of liability; aggravations. (a) Where the employer and employee or workman are subject by law or election to the provisions of the workmen’s compensation act, the disablement or death of an employee or workman resulting from an occupational disease as defined […]
44-5a03. Fraudulent representation. No compensation shall be payable for an occupational disease if the employee, at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, fraudulently represents himself in writing as not having previously been disabled, laid off, or compensated in damages or otherwise, because of […]
44-5a04. Disablement and disability defined; cancellation of award, when. (a) Except as otherwise provided in this act “disablement” means the event of an employee becoming actually incapacitated, partially or totally, because of an occupational disease, from performing the employee’s work in the last occupation in which injuriously exposed to the hazards of such disease, and […]
44-5a05. Workman or dependents not entitled to compensation, when. A workman or his dependents shall not be entitled to compensation hereunder if it is proved that the disablement to the workman results from his deliberate intention to cause such disability, or from his willful failure to use a guard or protection against disablement required pursuant […]
44-5a06. Date from which compensation is computed; employer liable. The date when an employee or workman becomes incapacitated by an occupational disease from performing his work in the last occupation in which he was injuriously exposed to the hazards of such disease, shall be taken as the date of the injury equivalent to the date […]
44-5a07. Securing payment of compensation; liability exclusive. An employer subject to the provisions of this act shall secure the payment of compensation in accordance with the provisions of this act in any method prescribed by the provisions of section 44-532 of the workmen’s compensation law, and such insurance or other security may be separate and […]
44-5a08. Rights of employer subrogated to insurance carrier. When the obligation of the employer, under this act, is secured by insurance, the insurance carrier shall be subrogated to all the rights and privileges of the employer under the provisions of this act and of the workmen’s compensation law so far as applicable. History: L. 1953, […]
44-5a09. Silicosis defined. Wherever used in this act, “silicosis” shall mean the characteristic fibrotic condition of the lungs caused by the inhalation of silica dust. History: L. 1953, ch. 246, § 9; July 1.
44-5a10. Disability or death from silicosis; compensation rights. In the absence of conclusive evidence in favor of the claim, disability or death from silicosis shall be presumed not to be due to the nature of any occupation within the provisions of this act, unless during the ten (10) years immediately preceding the date of disablement […]
44-5a13. Compensation for death from silicosis complicated with other disease; how paid. In case of disability or death from silicosis complicated with any other disease or from any other disease complicated with silicosis, the compensation payable under the workmen’s compensation act shall be reduced as provided in subsection (d) of K.S.A. 44-5a01, as amended. History: […]
44-5a15. Waiver by employee affected with disease although not disabled; effect. Where an employee, though not actually disabled, is found to be affected by any occupational disease such employee may, subject to the approval of the director of workers’ compensation be permitted to waive in writing full compensation for any aggravation of such condition that […]
44-5a16. Dermatitis; disability after receiving compensation; effect. A person who has suffered disability from dermatitis and has received compensation therefor shall not be entitled to compensation for disability from a later attack of dermatitis due to substantially the same cause, unless, immediately preceding the date of the later disablement, he has been engaged in the […]
44-5a17. Notice of disease and filing of claim; deemed waived, when. Written notice of an occupational disease shall be given to the employer by the employee or workman or someone on his behalf within ninety (90) days after disablement therefrom, and in the case of death from such an occupational disease, written notice of such […]
44-5a18. Autopsy; notice; findings; public record. Upon the filing or service of a claim for compensation for death from an occupational disease where an autopsy is necessary to accurately and scientifically ascertain and determine the cause of death, such autopsy shall be ordered by the director. Such autopsy shall be made under the supervision of […]
44-5a19. Award or denial of award reviewed, when. An award or denial of award of or agreement for compensation for an occupational disease may be reviewed and compensation increased, reduced or terminated where previously awarded, or awarded where previously denied, only upon proof of fraud or under undue influence or of change in conditions, and […]
44-5a20. Act inapplicable, when. This act shall not apply to cases of occupational disease in which the last injurious exposure to the hazards of such disease occurred before this act shall have taken effect. History: L. 1953, ch. 246, § 20; July 1.
44-5a21. Rules and regulations. The director of workers’ compensation shall adopt such rules and regulations as necessary to carry out the intent and purposes of this act. History: L. 1953, ch. 246, § 21; L. 1976, ch. 370, § 24; July 1.
44-5a22. Act supplemental to workmen’s compensation law. This act shall be construed as supplementary to and as part of the workmen’s compensation act of this state. History: L. 1953, ch. 246, § 22; July 1.
