Collections
Kansas Statutes

Article 5

Workers Compensation

44-501Compensation; disallowances; substance abuse testing; exceptions, pre-existing conditions; public service benefits protection act, coronary disease or cerebrovascular injury benefits for firefighters and law enforcement officers; liability limited for construction design professional; benefits reduced for certain retirement benefits 44-501bLegislative intent; employer obligation, burden of proof; liability 44-501cPublic service benefits protection act 44-502Reservation of penalties 44-503Subcontracting 44-503aMultiple employment; apportionment of liability 44-503cEmployment status of an owner-operator of a motor vehicle; definitions 44-504Remedy against negligent third party; employer and workers compensation fund subrogated, exclusion; credits against future payments; limitation of actions; attorney fees 44-505Application of act 44-505bCounty as self-insurer; establishment of reserve fund; retransfers 44-505cLocal political and taxing subdivision; payment of workmen's compensation coverage 44-505dFiremen's relief association members; procedure for exemption and for coverage under act after exemption therefrom 44-505eSchools, area vocational-technical schools and community colleges as self-insurer; establishment of reserve fund; retransfers 44-505fCity as self-insurer; establishment of reserve fund; retransfers 44-505gApplication of workers compensation act to members of national guard 44-506Application of act to certain businesses or employments, lands and premises 44-508Definitions 44-509Incapacitated workman or dependent; exercise of rights; limitation of actions 44-510bCompensation where death results from injury; compensation upon remarriage; apportionment; burial expenses; limitations on compensation; annual adjustment thereto; annual statement by surviving spouse 44-510cCompensation for permanent total and temporary total disabilities 44-510dCompensation for certain permanent partial disabilities; computation thereof; schedule 44-510eCompensation for temporary or permanent partial general disabilities; whole body injury; extent of disability; computation thereof; functional impairment defined; termination upon death from other causes; limitations; other remedies excluded 44-510fEmployer's maximum liability for disability compensation; annual adjustment thereto; credit for unearned wages 44-510gVocational rehabilitation, agreement of employer or insurance carrier; vocational rehabilitation administrator and assistants; qualified service providers, referrals 44-510hMedical compensation; change of healthcare provider; examination by alternate healthcare provider; faith healing; preventative hepatitis treatment; presumption of employer's obligations; termination of 44-510iMedical benefits; contract with or appointment of medical administrator; maximum medical fee schedule; advisory panel 44-510jMedical benefits; fee disputes; utilization and peer review 44-510kPost-award medical benefits; application; notice; required procedure; attorney fees; termination or modification of benefits 44-510lWarning notice to injured employee 44-511Definitions; average weekly wage; volunteers; state's average weekly wage; coverage for services performed by members for a union or other association in certain circumstances 44-512Time and manner of compensation payments; notice of certain payments to injured worker's attorney 44-512aFailure to pay compensation when due; civil penalty; imposition and collection; attorney fees; other remedies 44-512bFailure to pay compensation prior to award without just cause; interest, penalty 44-513aMinors entitled to compensation; payment 44-513bSame; act supplemental 44-514Payments not assignable; exception, orders for support 44-515Medical examinations; suspension of benefits; travel and living expenses; availability of reports; disqualification of certain medical evidence; consideration of healthcare providers' opinions 44-516Medical examination by neutral healthcare provider 44-518Refusal of medical examination; effect 44-519Certificate of healthcare provider as evidence; exchange of medical reports by parties; testimony of healthcare provider admissible as evidence by submission of complete medical report; procedure; notice; disputes; medical records or reports of other healthcare providers 44-520Notice of injury 44-521Agreements; approval 44-523Hearing procedure; time limitations on evidence and entry of award; prehearing settlement conference; recusal of administrative law judge; closure of claims; lack of prosecution 44-525Form of findings and awards; effective date 44-526Modification of award of compensation by agreement to be filed with director to be valid; time requirement 44-527Final receipts 44-528Review and modification of awards; reinstatement; cancellation; effective date 44-529Judgment on agreement or awards 44-530Staying proceedings upon an award 44-531Redemption of liability; lump-sum payment of award; exception; settlement award on written stipulation; requirements; from; approval by administrative law judge 44-532Subrogation of insurer or group-funded pool to rights and duties of employer; methods of securing payment of compensation; failure to secure; penalties; notice to director by insurers; change of status notice by self-insurers and group-funded pool members; eligibility to self-insure; merging employers 44-532aLiability of workers compensation fund for uninsured or insufficiently self-insured insolvent employers; cause of action against such employers 44-534Proceedings; time limitations; electronic filing system authorized 44-534aPreliminary hearings; exchange of medical reports; orders for medical treatment and temporary total disability benefits; review of preliminary findings and orders; reimbursement from workers compensation fund; procedures not allowed for post-award medical benefits 44-535When the right to compensation accrues 44-536Attorney fees; limitations; lien; review of contracts and fees claimed; matters to consider upon review; powers and duties of director and administrative law judge 44-536aSigning of pleadings, motions and other documents; liability for frivolous filings 44-542aElection by individual employer, partner or self-employed person 44-543Election by certain employees 44-545Defenses available in certain cases 44-549Hearings, venue; final award of administrative law judge; hearing powers of director and board 44-550Records of proceedings, documents; custody and preservation 44-550bRecords open to public inspection, exceptions 44-551Assistant directors, administrative law judges and special local administrative law judges; application, qualifications, appointment, reappointment, term; workers compensation and employment security boards nominating committee; judges' powers and duties, compensation, fees and expenses; review of findings and awards by workers compensation appeals board; delayed order on board review, effect; payment of medical compensation pending review 44-552Record of hearing; certified shorthand reporter; digital recording; transcript; transcription and attestation of accuracy of digital recording; transcripts as evidence; costs 44-553Witness fees 44-554Depositions 44-555Reporter's fees, assessment 44-555cWorkers compensation appeals board; jurisdiction; composition and appointment; reappointment; term of office; qualifications, salary and expenses; panels; final orders, content and issuance 44-556Judicial review of actions of the board; procedure; payment of compensation pending administrative and judicial review; application of 1993 amendments; reimbursement or credit for amounts paid under certain circumstances 44-556aTransfer of appeals due to constitutional defect 44-557Employer's duty to report accidents; civil penalty for failure to report; recovery of penalties 44-557aCompilation and publication of statistics; database of information; submission of data; contracts for actuarial or statistical services 44-559Insurance against liability; form and contents of policy 44-559aWorkers compensation insurance; deductibles option; occurrence deductible defined; payment of deductible amount by insurer, reimbursement; premium credits; Kansas workers compensation insurance plan not to require deductibles option; group-fund pools may offer deductibles option 44-561Reserves 44-562Reports to insurance commissioner; inspection 44-563Violation of act 44-565Invalidity of part 44-566Workers compensation fund to facilitate employment of handicapped workers; definitions 44-566aWorkers compensation fund; annual assessment; administration; actions against fund, parties, impleading of principal by fund, settlement; liabilities of fund; annual report; actuarial review 44-567Same; employment or retention of handicapped workers; relief from or apportionment of liability for subsequent injuries; knowledge of impairment; presumptions; commissioner of insurance to be impleaded 44-569Same; awards for subsequent injuries to handicapped workers; apportionment of amounts due; duties of commissioner of insurance; employer's liability when fund insufficient, reimbursement 44-569aSame; employer or insurance carrier reimbursed from fund, when 44-570Same; employer's liability for no-dependent deaths; awards to fund; duties of commissioner of insurance; refund 44-572Same; review; modification or cancellation of awards 44-573Rules and regulations; filing 44-574Construing and citing workers compensation laws; severability 44-575State workers compensation self-insurance fund; state agencies self-insured as single employer; administration; state workplace health and safety program 44-576State workers compensation self-insurance fund; self-insurance assessment against state agencies; rate 44-577Same; claims for compensation by state employees; service of claims; defense of fund; regional emergency medical response team 44-578Same; administrative rules and regulations 44-579Same; copies of accident reports to secretary of administration 44-580Same; construction of K.S.A. 44-575 through 44-580 44-581Group-funded workers compensation pools; requirements 44-582Same; certificate of authority; application; commissioner's review of surplus funds 44-583Same; irrevocable consent; service of process on commissioner of insurance 44-584Certificate of authority, renewal, suspension, revocation; examinations 44-585Same; premiums; contributions; deposit of premiums; refunds 44-586Same; premiums; use; investments 44-588Premium tax; rate, payment and assessment period 44-589Same; assessments; subject to article 24 of chapter 40 of Kansas Statutes Annotated 44-590New members; application; termination 44-591Same; board of trustees; duties 44-592Same; licensing of persons soliciting workers compensation insurance 44-593Reorganization of pool agreement under K.S.A. 12-2216 et seq 44-594Same; confidentiality of certain financial information 44-5,101Informational and educational materials; contents; language; distribution to insured and self-insured 44-5,102Same; distribution upon notice of injury; preparation and dissemination 44-5,103Same; cooperation by and duties of self-insurers and insurance companies and other benefit delivery entities; continuing education activities 44-5,104Accident prevention programs; requirements and reports; inspections; duties of secretary of labor; failure to maintain, penalties 44-5,110Ombudsman program; qualifications and appointment of ombudsmen; special ombudsmen, contracts; dissemination of program information 44-5,117Mediation conferences 44-5,120Fraudulent or abusive acts or practices; defined; powers, duties and functions of director of workers compensation and commissioner of insurance; application of section; administrative investigation and enforcement; hearings; costs; cease and desist orders; civil penalties; repayments, interest; review referrals, immunity 44-5,121Same; cause of action to recover economic losses 44-5,122Same; acts or practices constituting crimes, procedure; reporting alleged violations; review and investigation 44-5,123Same; immunity from civil liability for reporting information in good faith 44-5,124Assistant attorney general; appointment within division of workers compensation; duties 44-5,125Workers compensation fraud and other acts or practices constituting crimes; penalties; repayment of certain amounts, interest; cause of action, certain monetary damages 44-5,126Severability 44-5,127Affidavit of exempt status; fraud; penalties 44-587Same; group-funded workers' compensation pools fee fund; expense of administration; assessments