Under the plain language of 44-534a, the term "preliminary award" refers to an award arising out of a preliminary hearing which provides for medical benefits and/or temporary total compensation. Compare Lively v. MBPXL Corp., 7 Kan.App.2d 204, 638 P.2d 999 (1982) (order entered after a preliminary hearing that Fund pay temporary total benefits and medical expenses to claimant was a temporary order not subject to appeal), with Redgate v. City of Wichita, 17 Kan.App.2d 253, 836 P.2d 1205 (1992) (order extending benefits entered at hearing on respondent's motion for determination that it had completed all payments under original settlement was not a preliminary award entered at a preliminary hearing). The purpose of a preliminary hearing "is to make a summary determination whether the claimant should be receiving temporary total compensation and medical treatment under the worker's compensation act."
Waln contends this court has no jurisdiction over this appeal because the penalty order was preliminary in nature and, under K.S.A.1992 Supp. 44-534a(a), preliminary findings and awards are not appealable. Lively v. MBPXL Corp., 7 Kan.App.2d 204, 638 P.2d 999 (1982). Clarkson did not address this issue in its brief.
"Legislative intent is crystal clear, however, that no appeal can be taken to the district court or to this court from a temporary award arising out of a preliminary hearing (K.S.A.1980 Supp. 44-534a)." Lively v. MBPXL Corp., 7 Kan.App.2d 204, 207, 638 P.2d 999 (1982). Because no appeal of a K.S.A.1991 Supp. 44-534a preliminary order may be had, the legislature cannot have intended to stay compensation while awaiting expiration of the time to commence an appeal.