Jones v. Continental Can Co.

The opinion of the court was delivered by

Larson, J.:

The Kansas Workers Compensation Fund (Fund) appeals a Workers Compensation Board (Board) ruling that a notice the Fund was being impleaded which was transmitted to the Commissioner of Insurance (Commissioner) by telefax 52 minutes prior to the first hearing in the case is sufficient to implead the Fund under K.S.A. 44-567(d).

The Administrative Law Judge (ALJ) and the Board both held the Fund was properly impleaded so as to subject it to liability.

Because the Fund contends an untimely and improper action in its impleading, and the respondent…