Lively v. MBPXL Corp.

Abbott, J.:

This is an appeal in a workers’ compensation case. At issue is the validity of a temporary order, entered after a preliminary hearing held in accordance with K.S.A. 1980 Supp. 44-534a, requiring the Kansas Workmen’s Compensation Fund to pay temporary total disability benefits and medical expenses to the claimant. The dispute is between the employer, MBPXL Corporation (MBPXL), and the Kansas Workmen’s Compensation Fund (Fund). The injured worker is not a party.

Procedurally, the case arose in the following manner: The claimant requested a preliminary hearing pursuant to K.S.A. 1980…