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Schmidtlien Electric1/21/2005
Reversed and remanded with instructions.
This appeal concerns two workers compensation cases which have been consolidated. Employer Schmidtlien Electric, Inc., together with its insurance carrier Trinity Universal Insurance Company (Trinity Universal), and employer Northminster Presbyterian Church, together with its insurance carrier Brotherhood Mutual Insurance Company (Brotherhood Mutual), appeal from the trial court's dismissal of their petitions for writs of mandamus. In both petitions, plaintiffs sued the Director of the Kansas Division of Workers Compensation (Director) under K.S.A. 44-534a seeking reimbursement of benefits they had paid to their injured employees (claimants). This court transferred the case from the Court of Appeals for review and determination, pursuant to K.S.A. 20-3018(c).
The issues on appeal, and this court's accompanying holdings, are as follows:
1. Did the trial court err in holding there was not a full hearing on employee Bryan Kent's claim? Yes.
2. Did the trial court err in holding there was no administrative determination that plaintiffs paid more in benefits than those to which claimants were entitled?
Yes.
3. Did the trial court err in refusing to issue the writs of mandamus? Yes.
Accordingly, we reverse, remand, and order the trial court to issue writs of mandamus ordering the Director to carry out her statutory duties, i.e., to determine the amount of compensation paid by the insurance carriers to claimants and to certify to the Commissioner of Insurance the amount so determined for their reimbursement.
FACTS
Kristen Anderson was employed by Northminster Presbyterian Church, which was in turn insured by Brotherhood Mutual. Bryan Kent was employed by Schmidtlien Electric, Inc., which was in turn insured by Trinity Universal. Both Anderson and Kent became injured, and their employers' insurance carriers paid them temporary disability benefits and medical expenses. Their respective workers compensations claims are set forth separately below.
Claimant Anderson
According to an Agreed Award dated February 10, 2003, the parties stipulated to the following facts:
"1. [Anderson] claims personal injury by accident in Reno County, Kansas.
"2. [Anderson] claims said accidental injury occurred on or about July 19, 1998.
"3. Respondent/insurance carrier admit [that Anderson] met with personal injury by accident on or about the alleged date of accident.
"4. Respondent/insurance carrier admit the relationship of employer-employee existed on the date of the accidental injury.
"5. Respondent/insurance [carrier] admit that the parties are governed by the Kansas Workers Compensation Act.
"6. Respondent/insurance carrier admit that proper notice of the alleged accident was made.
"7. Brotherhood Mutual Insurance Company was the insurance carrier for the respondent on the date of accidental injury.
"8. The parties stipulate that the average weekly wage on July 19, 1998, was $403.85.
"9. Medical treatment has been furnished in the total amount of $24,388.16. There is no claim by Anderson for any past due or out-of-pocket medical reimbursement.
"10. Temporary disability compensation has been made in the amount of $3,794.23. . . ."
According to the Agreed Award, the parties acknowledged that the following four issues remained in dispute:
"(1) Whether [Anderson's] accidental injury arose out of and in the course of her employment with the [church]?
"(2) Whether
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