(a) Any person who has suffered economic loss by a fraudulent or abusive act or practice shall have a cause of action against any other person to recover such loss which was paid as benefits or other amounts of money which were paid under the workers compensation act and to seek relief for other monetary damages from such other person based on a fraudulent or abusive act or practice, except that such other monetary damages shall not include damages for nonpecuniary loss. Relief under this section is to be predicated upon exhaustion of administrative remedies available in Kan. Stat. Ann. § 44-1,520 and amendments thereto.

(b) Nothing in this section or Kan. Stat. Ann. § 44-5,120 and amendments thereto shall prohibit an employer from exercising a right to reimbursement under Kan. Stat. Ann. § 44-534a, 44-556 or 44-569a and amendments thereto.