Waln v. Clarkson Construction Co.

I concur in the result based on the conclusion that Wain’s demand letter was not sufficient to invoke the penalty provision of K.S.A. 1992 Supp. 44-512a. Whether a demand letter complies with the statutory prerequisites to invoke the penalty is a question of law. This court can substitute its judgment for that of the trial court. Reeves v. Equipment Service Industries, Inc., 245 Kan. 165, 173, 777 P.2d 765 (1989).

K.S.A. 1992 Supp. 44-512a provides in part:

“(a) In the event any compensation, including medical compensation, which has been awarded under the workers compensation act, is not paid…