(a) Except lump-sum settlements approved by the director or administrative law judge,
any award or modification thereof may be reviewed by the administrative law judge
for good cause shown upon the application of the employee, employer, dependent, insurance
carrier or any other interested party. In connection with such review, the administrative law judge may appoint one or
two health care providers to examine the employee and report to the administrative
law judge. The administrative law judge shall hear all competent evidence offered and if the
administrative law judge finds that the award has been obtained by fraud or undue
influence, that the award was made without authority or as a result of serious misconduct,
that the award is excessive or inadequate or that the functional impairment or work
disability of the employee has increased or diminished, the administrative law judge
may modify such award, or reinstate a prior award, pursuant to the provisions set
forth in K.S.A. 44-510b, 44-510c, 44-510d or 44-510e, and amendments thereto, as may be applicable.
(b) If the administrative law judge finds that the employee has absented and continues
to be absent so that a reasonable examination cannot be made of the employee by a
health care provider selected by the employer, or has departed beyond the boundaries
of the United States, the administrative law judge may modify the award and reduce
compensation or may cancel the award and end the compensation.
(c) The number of reviews under this section shall be limited pursuant to rules and
regulations adopted by the director to avoid abuse.
(d) Any modification of an award under this section on the basis that the functional
impairment or work disability of the employee has increased or diminished shall be
effective as of the date that the increase or diminishment actually occurred, except
that in no event shall the effective date of any such modification be more than six
months prior to the date the application was made for review and modification under
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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