KANSAS WORKERS' COMPENSATION LAW

MAXIMUM COMPENSATION RATES

07/01/96 - 06/30/97     $338.00
07/01/97 - 06/30/98     $351.00
07/01/98 - 06/30/99     $366.00
07/01/99 - 06/30/00     $383.00
07/01/00 - 06/30/01     $401.00
07/01/01 - 06/30/02     $417.00
07/01/02 - 06/30/03     $432.00
07/01/03 - 06/30/04     $440.00
07/01/04 - 07/01/05     $449.00

DAYS EXPRESSED AS DECIMALS

   1/7 = .14

   2/7 = .29

   3/7 = .43

   4/7 = .57

   5/7 = .71

   6/7 = .86

MAXIMUM BENEFITS (KSA 44-510f)

PPD Schedule

Amputation through a joint treated as loss of next highest level.  (KSA 44-510d(a)(6) and (18)  Regulations state that "An injury at the joint on a scheduled member shall be considered a loss to the next higher schedule."  (KAR 51-7-8(d)(4))  For injuries prior to 07/01/93, injury to shoulder or hip joint considered body as a whole.  (KAR 51-7-8(d)(3)).  For injuries on or after 07/01/93, injuries to the hip shall remain body as a whole, but shoulder is now scheduled.  Healing period of 10% of weeks, but not more than 15 weeks, allowed only in amputation cases (KSA 44-510(b) and KAR 51-7-8). No PPD for operated or operable traumatic hernias.  (KSA 44-510d(a)(22))  For multiple scheduled injuries, the disability shall be as a general disability (BAW).

 VOCATIONAL REHABILITATION:

   For injuries on or after 07/01/93:

Vocational Rehabilitation is voluntary.  However, once agreed to, it cannot be arbitrarily terminated.  The providing of medical management is not the providing of Vocational Rehabilitation Vendor may be changed upon application by either party for good cause shown by substantial evidence.  (KSA 44-510g(a))  Employee may then select replacement vendor from a list of three qualified agencies submitted by employer.  (KSA 44-510g(b))

OTHER BENEFITS:

Funeral Allowance:             $5,000.00 (KSA 510b(g))

Unauthorized Medical:        $500.00 but cannot be used to obtain functional rating (KSA 44-510 (c)(2))

Medical Mileage:          0.37 cents per mile. 

    Mileage due when round trip exceeds five miles.  (KAR 51-9-11; KSA 44-515(a))

Per Diem:                    $15.00 per day

-         plus payment of mileage, turnpike and parking expenses necessarily incurred if exam is out of town or city of employee's residence on the date of accident.  (KSA 44-515(a))

Disfigurement:  No separate payment in Kansas.  Included in disability evaluation.  (Ks. Pract. Manual, Ch. 6, Sec. G)  Disability for disfigurement only applies to "loss of use of".

T.T. Waiting Period:  One Week.  First week paid if employee is off three weeks.  (KSA 44-510d(a))

Minimum Compensation Rate for TTD:  25.00 per week

NOTICE:

Employee required to give notice within 10 days after accident.  Failure to give notice within 10 days shifts burden to claimant to show good cause for the delay.  Notice given after 75 days bars the claim unless the employer had actual knowledge, the employer was unavailable to receive notice or the employee was unable to provide notice. (KSA 44-520)

JURISDICTION:

Kansas has jurisdiction of claims for accidents occurring in Kansas and for out of state accidents where the contract of employment was made in Kansas (unless the contract specifically provides otherwise) and for out of state accidents where the "principal place of employment" is within the State of Kansas.  (KSA 44-506)  Principal place of employment refers to employee's principal place of employment.

Permanent Disability

Work disability

-         The extent expressed as a percentage to which the employee, in the opinion of the physician, has lost the ability to perform the work tasks performed by the employee in any substantial and gainful employment during the 15 years before the accident averaged with the percentage by which the claimant's AWW has been reduced because of the accident. No work disability is due if the claimant is earning 90% of pre-injury wage.  $50,000.00 cap on functional impairment (not work disability) (KSA 44-510e(a)(f)(a)(4)).

Functional Impairment

AWW

X .6667

Subject to max rate

x   % (rating)

x (415 - weeks paid plus 15)

= Value of general body disability

Scheduled injuries:

Weeks on schedule

<    TTD Weeks Paid

x    Percent of Impairment

x    Comp. Rate

=    PPD Due

WORKERS' COMPENSATION FUND:

In the event of an improvidently granted award, the Respondent and Carrier may seek indemnification from the Fund pursuant to KSA 44-566a(e)(3), 44-596, 44-569a & 44-534a(b).

STATUTE OF LIMITATION:

Claim must be served on the employer by delivery, registered or certified mail within 200 days after the accident or the last payment of TTD or authorized medical treatment if the accident report was filed with the Division within 28 days of the employer's first knowledge of the injury or within one year of those dates if the accident report was not timely filed.  (KSA 44-520a(a) and 44-557(c))  Application for Hearing must be filed with the Division within later of three years from the date of accident or two years from the last payment of compensation or last provision of authorized medical treatment.  (KSA 44-534(b))

MISCELLANEOUS: 

Settlements in Other Jurisdictions:  Settlement in another state does not preclude pursuing benefits under Kansas Law.  Benefits limited to those of most generous jurisdiction.

 Preliminary Hearing:  KSA 44-534a - Emergency hearing for purpose of obtaining or terminating TTD, medical benefits or, for injuries before 07/01/93, vocational benefits only.  Any party may request a preliminary hearing. Award in preliminary hearing is not dispositive of case.  Preliminary award may be appealed to Appeals Board on limited grounds.  Reversal at time of Regular Hearing may entitle Respondent to reimbursement from Kansas Fund.

Occupational Disease:  KSA 44-5a01 - Disease resulting from the nature of the employment in which the employee was engaged under such employer and which was actually contracted while so engaged.  Nature of employment: There is attached a particular and peculiar hazard of such disease which distinguishes the employment from other employments.  Claim must be served on employer within one year from date of disablement.  Employer not responsible for prior condition, only aggravation thereof.  (KSA 44-5a01(d))

Alcohol and Drug Use: KSA 44-501

      after 07/01/93:  Employer not liable for benefits where alcohol or drug use contributed to the accident.

Assignment of Benefits:  KSA 44-514(b) - Benefits paid on a weekly basis or by lump sum are subject to enforcement of an order for support (child support or alimony).  Only current support can be collected from weekly benefits and cannot exceed 25% of the benefits paid.  Past-due support is collected from lump sum settlements and cannot exceed 40% of the amount paid.

Pre-Hearing Settlement Conference:  KSA 44-523 - Before any matter is set for Regular Hearing, the parties must submit to a PHSC to review issues, enter into agreements as to those items which may be stipulated to and to obtain a date for the regular hearing.  If there is no agreement as to the functional impairment to be assigned, the ALJ may appoint a neutral physician to conduct an examination to determine the functional impairment of the claimant.  The ALJ will consider the opinion of the neutral physician in ruling on the case.  Cost of the neutral is borne by the Respondent/Carrier. 

  Specified Losses:           

Copyright Fox, Stretz & Quinn, P.C. 2003