Johnston v. Tony's Pizza Service

The opinion of the court was delivered by

McFarland, J.:

The sole issue in these consolidated workers’ compensation appeals is whether the reimbursement provision of K.S.A. 1982 Supp. 44-556(á) applies when the balance due the claimant after judicial reduction of the award exceeds the amount of the overpayment.

K.S.A. 1982 Supp. 44-556(d) provides:

“(d) If compensation has been paid to the worker by the employer or the employer’s insurance carrier during the pendency of an appeal to the district court or to the appellate courts and the amount of compensation awarded by the director or the…