44-5,121. Same; cause of action to recover economic losses. - Kansas Statutes

44-5,121

Chapter 44.--LABOR AND INDUSTRIES Article 5.--WORKERS COMPENSATION

      44-5,121.   Same; cause of action to recover economic losses.(a) Any person who has suffered economic loss by afraudulent or abusive act orpracticeshallhave a cause of action against any other person to recover such loss whichwas paid as benefits or other amounts ofmoney which were paid under the workers compensation act and to seek relieffor other monetary damages fromsuch other person based on a fraudulent or abusive act or practice,except that such other monetary damages shall not include damages fornonpecuniary loss.Relief under this section is to be predicated upon exhaustion ofadministrative remedies available in K.S.A. 44-1,520 and amendments thereto.

      (b)   Nothing inthissection or K.S.A. 44-5,120 and amendments thereto shall prohibit an employerfromexercising a right toreimbursement under K.S.A. 44-534a, 44-556 or 44-569a andamendments thereto.

      History:   L. 1993, ch. 286, § 2;L. 1997, ch. 125, § 19; July 1.