reglab/housing_qa huggingface dataset:
KS Stat § 44-5,101 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5 - Workers Compensation|44-5,101 Informational and educational materials; contents; language; distribution to insured and self-insured.

44-5,101. Informational and educational materials; contents; language; distribution to insured and self-insured. (a) In order to provide Kansas employers and employees full and fair information about the rights and responsibilities of employers and employees under the workers compensation act, the director of workers compensation and the commissioner of insurance are hereby authorized and directed to prescribe the format and content of educational and informational materials to be distributed in accordance with the provisions of this act. The educational and informational materials shall be available in both English and Spanish language versions and shall include, but not necessarily be limited to, brief descriptions or statements about the following topics in nontechnical language:(1) Basic purpose of the workers compensation law;(2) employer responsibilities;(3) employee responsibilities;(4) general components of workers compensation benefits;(5) determination and administration of workers compensation benefits;(6) workers compensation insurance rating procedures, including available methods of appeal; and(7) accident prevention and workplace safety.(b) No policy or contract of workers compensation insurance, no self-insurance permit, and no renewal of any such policy, contract or permit shall be issued or delivered to an employer of this state unless a copy of the materials prescribed pursuant to subsection (a) accompanies the policy, contract, permit or renewal certificate.History: L. 1993, ch. 286, § 7; July 1.
KS Stat § 44-5,102 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5 - Workers Compensation|44-5,102 Same; distribution upon notice of injury; preparation and dissemination.

44-5,102. Same; distribution upon notice of injury; preparation and dissemination. (a) Immediately on receiving notice of injury to or death of an employee, the employer shall mail or deliver to the employee or legal beneficiary a clear and concise description of:(1) The benefits available under the workers compensation act;(2) the process to be followed in making a claim for benefits;(3) the identification of the person, firm or organization directly responsible for responding to and processing a claim for workers compensation benefits;(4) the responsibilities of the self-insured employer, insurance company or group-funded self-insurance plan;(5) the assistance available from the office of the director of workers compensation; and(6) the address and a toll-free telephone number that will facilitate access to the assistance available from the director's office.(b) The director of workers compensation shall prepare the information required by subsection (a) within 180 days after the effective date of this act and shall provide a copy of such information to the commissioner of insurance. The information shall be made available in both English and Spanish language versions. The director of workers compensation shall reproduce or arrange for the reproduction and distribution of such information in sufficient quantities and in both English and Spanish language versions, when requested, to continuously accommodate the needs of self-insured employers under the workers compensation act in order to comply with this section and shall provide such information to such self-insured employers.(c) The commissioner of insurance shall distribute a copy of such information to each insurance company authorized to transact workers compensation insurance in this state and each group-funded self-insurance plan. Each such insurance company and group-funded self-insurance plan shall reproduce or arrange for the reproduction and distribution of such information in sufficient quantities and in both English and Spanish language versions, when requested, to continuously accommodate the needs of their respective insured employers and members in order to comply with this section and shall provide such information to such insured employers and members therefor.History: L. 1993, ch. 286, § 8; July 1.
KS Stat § 44-5,103 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5 - Workers Compensation|44-5,103 Same; cooperation by and duties of self-insurers and insurance companies and other benefit delivery entities; continuing education activities.

44-5,103. Same; cooperation by and duties of self-insurers and insurance companies and other benefit delivery entities; continuing education activities. Insurers, self-insurers, insurance agents' associations, licensed rating organizations, health care provider associations, vocational rehabilitation facilities, and other groups or associations involved in the administration, performance or payment of benefits or services associated with workers compensation claims, benefits or requirements shall:(a) Cooperate with the commissioner of insurance and the director of workers compensation in the preparation and presentation of seminars, audio-visual materials and other instructional information designed to promote workplace safety, improve employer and employee relationships, generally enhance confidence in the integrity of the workers compensation system, and reduce the cost of workers compensation while providing a stable means of equitably compensating persons injured in the course of performing the duties of their employment; and(b) encourage and assist in the development of specialized continuing education for persons who are health care providers or the staff of vocational rehabilitation facilities that will acquaint such persons with their role and the impact of their decisions regarding impairment ratings, medical improvement potential, return to work evaluations, permanent restrictions and other aspects of the workers compensation system influenced or determined by such providers in addition to the care rendered.History: L. 1993, ch. 286, § 9; July 1.
KS Stat § 44-5,110 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5 - Workers Compensation|44-5,110 Ombudsman program; qualifications and appointment of ombudsmen; special ombudsmen, contracts; dissemination of program information.

44-5,110. Ombudsman program; qualifications and appointment of ombudsmen; special ombudsmen, contracts; dissemination of program information. (a) The director of workers compensation shall establish an ombudsman program within the division of workers compensation to assist injured employees and persons claiming death benefits in obtaining benefits under the workers compensation act. The director shall employ qualified persons as ombudsmen for the program.(b) Each ombudsman shall meet with or otherwise provide information to injured employees, shall investigate complaints and shall communicate with employers, insurance carriers and health care providers. An ombudsman may assist claimants in mediation conferences and otherwise assist unrepresented claimants, employers and other parties to protect the rights of such parties under the workers compensation act.(c) In cases of emergency, on a case-by-case basis, the director may enter into contracts with trained mediators or other qualified persons to perform services under the ombudsman program as special ombudsmen. Each special ombudsman shall receive a fee commensurate with the services rendered in accordance with the contracts for services. The fee for a special ombudsman shall be taxed as costs in the claim to which the special ombudsman is assigned against the respondent.(d) The director of workers compensation shall widely disseminate information about the ombudsman program.History: L. 1993, ch. 286, § 11; L. 1996, ch. 79, § 14; Apr. 4.
KS Stat § 44-5,117 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5 - Workers Compensation|44-5,117 Mediation conferences.

44-5,117. Mediation conferences. (a) Upon the request of any party to a workers compensation claim and the acceptance of the other party, the director of workers compensation shall schedule the parties for a mediation conference. The purpose of the mediation shall be to assist the parties in reaching agreement on any disputed issues in a workers compensation claim. If the director is advised that one party does not wish to participate in the mediation, the director is authorized to encourage that party to participate.(b) Mediation conferences shall be conducted by mediators appointed by the director. Such mediators shall be qualified as mediators pursuant to the dispute resolution act, K.S.A. 5-501 et seq., and amendments thereto, and any relevant rules of the Kansas supreme court as authorized pursuant to K.S.A. 5-510, and amendments thereto.(c) Persons with final settlement authority for each party shall be present, in person or by video conference, at the mediation conference.(d) All mediation conferences shall be conducted by a mediator in accordance with the dispute resolution act, K.S.A. 5-501, and amendments thereto.(e) The director shall widely disseminate information about the mediation conference procedure.History: L. 1996, ch. 79, § 15; L. 1998, ch. 114, § 6; July 1.
KS Stat § 44-5,121 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5 - Workers Compensation|44-5,121 Same; cause of action to recover economic losses.

44-5,121. Same; cause of action to recover economic losses. (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 K.S.A. 44-1,520 and amendments thereto.(b) Nothing in this section or K.S.A. 44-5,120 and amendments thereto shall prohibit an employer from exercising a right to reimbursement under K.S.A. 44-534a, 44-556 or 44-569a and amendments thereto.History: L. 1993, ch. 286, § 2; L. 1997, ch. 125, § 19; July 1.
KS Stat § 44-5,122 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5 - Workers Compensation|44-5,122 Same; acts or practices constituting crimes, procedure; reporting alleged violations; review and investigation.

44-5,122. Same; acts or practices constituting crimes, procedure; reporting alleged violations; review and investigation. (a) If the director or the assistant attorney general assigned to the division of workers compensation has probable cause to believe a fraudulent or abusive act or practice or any other violation of the workers compensation act is of such significance as to constitute a crime, a copy of any order, all investigative reports and any evidence in the possession of the division of workers compensation which relates to such act, practice or violation may be forwarded to the prosecuting attorney of the county in which the act or any of the acts were performed which constitute the fraudulent or abusive act or practice or other violation. Any case which a county or district attorney fails to prosecute within 90 days shall be returned promptly to the director. The assistant attorney general assigned to the division of workers compensation shall then notify the attorney general and if, in the opinion of the attorney general, the acts or practices involved warrant prosecution, the attorney general shall prosecute the case.(b) Any person who believes a violation of the workers compensation act has been or is being committed may notify the division of workers compensation of the department of labor immediately after discovery of the alleged violation. The person shall send to the division of workers compensation, in a manner prescribed by the director, the information describing the facts of the alleged violation and such additional information relating to the alleged violation as the director may require. The director shall cause an evaluation of the facts surrounding the alleged violation to be made to determine the extent, if any, to which violations of the workers compensation act exist, which shall include a review and investigation by the assistant attorney general assigned to the division to the extent as may be deemed necessary to determine whether there has been a violation of the workers compensation act.History: L. 1993, ch. 286, § 3; L. 2000, ch. 160, § 23; L. 2004, ch. 179, § 21; L. 2017, ch. 81, § 7; July 1.
KS Stat § 44-5,123 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5 - Workers Compensation|44-5,123 Same; immunity from civil liability for reporting information in good faith.

44-5,123. Same; immunity from civil liability for reporting information in good faith. No person shall be subject to civil liability by virtue of (a) the filing of reports or furnishing of other information, in good faith and without malice, required by K.S.A. 44-5,120 through 44-5,122 and amendments thereto or required by the director as a result of the authority conferred upon the director by law or (b) notifying the division of workers compensation of any alleged violation of the workers compensation act or providing information in the course of an investigation of an alleged violation of the workers compensation act where such person's actions were in good faith and without malice.History: L. 1993, ch. 286, § 4; July 1.
KS Stat § 44-5,124 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5 - Workers Compensation|44-5,124 Assistant attorney general; appointment within division of workers compensation; duties.

44-5,124. Assistant attorney general; appointment within division of workers compensation; duties. The attorney general shall appoint, with the approval of the secretary of labor, an assistant attorney general who shall be within the division of workers compensation of the department of labor and who shall receive an annual salary fixed by the attorney general with the approval of the secretary of labor and the governor. The operating expenditures for the assistant attorney general shall be financed by funds available for the administration of the workers compensation act. The duties of the assistant attorney general shall include directing or assisting in the investigation and administrative prosecution of alleged fraudulent or abusive acts or practices or other violations of K.S.A. 44-5,120 through 44-5,122, and amendments thereto, or of any other provisions of the workers compensation act, and in the investigation and referral to the attorney general for criminal prosecution of any such acts, practices or violations which constitute crimes.History: L. 1993, ch. 286, § 5; L. 2004, ch. 179, § 22; L. 2017, ch. 81, § 8; July 1.
KS Stat § 44-5,126 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5 - Workers Compensation|44-5,126 Severability.

44-5,126. Severability. (a) If any provisions of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.(b) This section shall be part of and supplemental to the workers compensation act.History: L. 2011, ch. 55, § 26; May 15.
KS Stat § 44-5,127 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5 - Workers Compensation|44-5,127 Affidavit of exempt status; fraud; penalties.

44-5,127. Affidavit of exempt status; fraud; penalties. (a) Any person who is not required to be covered under a workers compensation insurance policy or other plan for the payment of workers compensation may execute an affidavit of exempt status under the workers compensation act. The affidavit shall be a form prescribed by the commissioner of insurance. The affidavit shall be available on the web site of the department of insurance.(b) Execution of the affidavit shall establish a rebuttable presumption that the executor is not an employee for purposes of the workers compensation act and that an individual or company possessing the affidavit is in compliance and therefore shall not be responsible for workers compensation claims made by the executor.(c) The execution of an affidavit shall not affect the rights or coverage of any employee of the individual executing the affidavit.(d) (1) Knowingly providing false information on a notarized affidavit of exempt status under the workers compensation act shall constitute a misdemeanor punishable by a fine not to exceed $1,000.(2) Affidavits shall conspicuously state on the front thereof in at least 10 point, boldfaced print that it is a crime to falsify information on the form.(3) The commissioner of insurance shall immediately notify the fraud unit in the department of insurance of any violations or suspected violations of this section. The commissioner of insurance shall cooperate with the fraud unit.(e) The commissioner of insurance shall have the power to adopt all reasonable rules and regulations necessary to implement this section.History: L. 2011, ch. 55, § 27; May 15.
KS Stat § 44-5a03 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5a - Occupational Diseases|44-5a03 Fraudulent representation.

44-5a03. Fraudulent representation. No compensation shall be payable for an occupational disease if the employee, at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, fraudulently represents himself in writing as not having previously been disabled, laid off, or compensated in damages or otherwise, because of such disease.History: L. 1953, ch. 246, § 3; July 1.
KS Stat § 44-5a04 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5a - Occupational Diseases|44-5a04 Disablement and disability defined; cancellation of award, when.

44-5a04. Disablement and disability defined; cancellation of award, when. (a) Except as otherwise provided in this act "disablement" means the event of an employee becoming actually incapacitated, partially or totally, because of an occupational disease, from performing the employee's work in the last occupation in which injuriously exposed to the hazards of such disease, and "disability" means the state of being so incapacitated.(b) The administrative law judge may cancel the award and end the compensation if the administrative law judge finds that the employee:(1) Has returned to work for the same employer in whose employ the employee was disabled or for another employer and is capable of earning the same or higher wages than the employee did at the time of the disablement, or is capable of gaining an income from any trade or employment which is equal to or greater than the wages the employee was earning at the time of the disablement;(2) is absent and continues to be absent so that a reasonable examination cannot be made of the employee by a health care provider selected by the employer; or(3) has departed beyond the boundaries of the United States.History: L. 1953, ch. 246, § 4; L. 1990, ch. 182, § 11; L. 1993, ch. 286, § 74; July 1.
KS Stat § 44-5a05 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5a - Occupational Diseases|44-5a05 Workman or dependents not entitled to compensation, when.

44-5a05. Workman or dependents not entitled to compensation, when. A workman or his dependents shall not be entitled to compensation hereunder if it is proved that the disablement to the workman results from his deliberate intention to cause such disability, or from his willful failure to use a guard or protection against disablement required pursuant to any statute and provided for him, or a reasonable and proper guard and protection voluntarily furnished him by said employer, or solely from his intoxication.History: L. 1953, ch. 246, § 5; July 1.
KS Stat § 44-5a06 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5a - Occupational Diseases|44-5a06 Date from which compensation is computed; employer liable.

44-5a06. Date from which compensation is computed; employer liable. The date when an employee or workman becomes incapacitated by an occupational disease from performing his work in the last occupation in which he was injuriously exposed to the hazards of such disease, shall be taken as the date of the injury equivalent to the date of accident under the workmen's compensation act. Where compensation is payable for an occupational disease, the employer in whose employment the employee or workman was last injuriously exposed to the hazards of such disease, and the insurance carrier, if any, on the risk when such employee was last so exposed under such employer, shall be liable therefor, without the right to contribution from any prior employer or insurance carrier; the amount of the compensation shall be based upon the average wages of the employee or workman when last so exposed under such employer, and the notice of disability and claim for compensation, as hereinafter required, shall be given and made to such employer: Provided, That in case of silicosis the only employer and insurance carrier liable shall be the last employer in whose employment the employee or workman was last injuriously exposed to the hazards of the disease during a period of sixty (60) days or more, and the insurance carrier, if any, on the risk when the employee or workman was last so exposed under such employer.History: L. 1953, ch. 246, § 6; L. 1974, ch. 203, § 53; July 1.
KS Stat § 44-5a07 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5a - Occupational Diseases|44-5a07 Securing payment of compensation; liability exclusive.

44-5a07. Securing payment of compensation; liability exclusive. An employer subject to the provisions of this act shall secure the payment of compensation in accordance with the provisions of this act in any method prescribed by the provisions of section 44-532 of the workmen's compensation law, and such insurance or other security may be separate and distinct from the insurance or other security under the workmen's compensation law. Where the foregoing requirement is complied with the liability of the employer under this act shall be exclusive and in place of any and all other civil liability whatsoever, at common law or otherwise.History: L. 1953, ch. 246, § 7; July 1.
KS Stat § 44-5a08 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5a - Occupational Diseases|44-5a08 Rights of employer subrogated to insurance carrier.

44-5a08. Rights of employer subrogated to insurance carrier. When the obligation of the employer, under this act, is secured by insurance, the insurance carrier shall be subrogated to all the rights and privileges of the employer under the provisions of this act and of the workmen's compensation law so far as applicable.History: L. 1953, ch. 246, § 8; July 1.
KS Stat § 44-5a09 (2021)
2021 Kansas Statutes|Chapter 44 - Labor And Industries|Article 5a - Occupational Diseases|44-5a09 Silicosis defined.

44-5a09. Silicosis defined. Wherever used in this act, "silicosis" shall mean the characteristic fibrotic condition of the lungs caused by the inhalation of silica dust.History: L. 1953, ch. 246, § 9; July 1.