Failure to pay compensation prior to award without just cause; interest, penalty

44-512b. Failure to pay compensation prior to award without just cause; interest, penalty. (a) Whenever the administrative law judge or board finds, upon a hearing conducted pursuant to K.S.A. 44-523 and amendments thereto or upon review or appeal of an award entered in such a hearing, that there was not just cause or excuse for the failure of the employer or insurance carrier to pay, prior to an award, the compensation claimed to the person entitled thereto, the employee shall be entitled to interest on the amount of the disability compensation found to be due and unpaid at the rate of interest prescribed pursuant to subsection (e)(1) of K.S.A. 16-204 and amendments thereto. Such interest shall be assessed against the employer or insurance carrier liable for the compensation and shall accrue from the date such compensation was due. (b) Interest assessed pursuant to this section shall be considered a penalty and shall not be considered a loss or a loss adjustment expense by an insurance carrier in the promulgation of rates for workers compensation insurance. (c) This section shall be part of and supplemental to the workers compensation act. History: L. 1979, ch. 158, § 2; L. 1980, ch. 146, § 3; L. 1988, ch. 169, § 1; L. 1993, ch. 286, § 40; July 1. Law Review and Bar Journal References: "Workers' Compensation Review," Patrick Nichols, XIV J.K.T.L.A. No. 3, Review p. 3 (1991). "Workers' Compensation Review," Patrick Nichols, J.K.T.L.A. Vol. XVI, No. 3, Special Section 1, 4 (1993). "Enforcement Remedies of Workers' Compensation Awards," Beth Regier Foerster, J.K.T.L.A. Vol. XVI, No. 3, 6, 10 (1993). "Workers' Compensation Review," Patrick Nichols, J.K.T.L.A. Vol. XVIII, No. 1, Work. Comp. Review Section, 1, 3, 4 (1994). "Worker's Compensation Review," J.K.T.L.A. Vol. XX, No. 1, Review Section, 6, 7 (1996). "Worker's Compensation Review," J.K.T.L.A. Vol. XX, No. 2, Review Section, 29 (1996). "Worker's Compensation Review," J.K.T.L.A. Vol. XX, No. 3, Review Section, 29 (1997). "Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 25, No. 5, 22, 24, 26 (2002). "Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 26, No. 1, 21 (2002). "Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 27, No. 3, 25 (2004). "Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 28, No. 5, 18 (2005). CASE ANNOTATIONS 1. Worker's exclusive remedy for relief where insurer intentionally refuses to pay compensation prior to award. Hormann v. New Hampshire Ins. Co., 236 Kan. 190, 200, 689 P.2d 837 (1984). 2. Cited in discussing liability of state and political subdivisions for postjudgment interest (K.S.A. 16-204). Greenhaw v. Board of Johnson County Comm'rs, 245 Kan. 67, 72, 774 P.2d 956 (1989). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026