reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 50 - DEPARTMENT OF LABOR-DIVISION OF EMPLOYMENT › Article 3 - UNEMPLOYMENT INSURANCE BENEFITS › Section 50-3-5 - Benefit payments; interstate workers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Interstate cooperation. The following regulation shall govern administrative cooperation with other states adopting a similar regulation for the payment of benefits to interstate claimants.
(b) Definitions. As used in this regulation, unless the context clearly requires otherwise, the following terms shall have the meanings specified below:
(1) "Agent state" means any state from or through which an individual files a claim for benefits from another state.
(2) "Benefits" means the compensation payable to an individual, with respect to unemployment, under the unemployment insurance law of any state.
(3) "Interstate benefit payment plan" means the plan approved by the interstate conference of employment security agencies under which benefits are payable to unemployed individuals absent from the state or states in which benefit credits have been accumulated.
(4) "Interstate claimant" means an individual who files claim for benefits under the unemployment insurance law of a liable state from another state, through the facilities of an agent state, or directly with the liable state. The term "interstate claimant" shall not include any individual who customarily commutes from a residence in another state to work in a liable state, unless the Kansas department of human resources, division of employment security finds that this exclusion would create undue hardship on these claimants in specified areas.
(5) "Liable state" means any state against which an individual files, from or through another state, a claim for benefits.
(6) "State" shall include the District of Columbia, Puerto Rico, and the Virgin Islands.
(7) "Week of unemployment" shall include any week of unemployment as defined in the law of the liable state from which benefits with respect to that week are claimed.
Kansas Administrative Regulations › Agency 50 - DEPARTMENT OF LABOR-DIVISION OF EMPLOYMENT › Article 3 - UNEMPLOYMENT INSURANCE BENEFITS › Section 50-3-6 - Appellate procedure

Current through Register Vol. 43, No. 28, July 11, 2024
Issuance of subpoenas. Whenever the attendance of witnesses or the production of documents, payroll records or other evidence is desired by any party to the proceeding, a request for a proper subpoena, on a form provided by the division entitled request for issuance of subpoena, must be filled out, signed by such party, and filed with the office where the claim was filed or at the administrative office in Topeka, Kansas. Such request must be filed in due time for such subpoena to be issued and served prior to the time such appeal is to be heard. Subpoenas to compel the attendance of witnesses and the production of records for any hearing, unless directed to issue by the secretary, or any duly authorized representative of the secretary, shall be issued only upon a showing of a necessity therefore by the party applying for the issuance of the subpoena. After the issuance of a subpoena, a copy thereof shall be served by an employee of the division.
Kansas Administrative Regulations › Agency 50 - DEPARTMENT OF LABOR-DIVISION OF EMPLOYMENT › Article 3 - UNEMPLOYMENT INSURANCE BENEFITS › Section 50-3-7 - Affidavit of bona-fide employment and wages paid

Current through Register Vol. 43, No. 28, July 11, 2024
Claimant's affidavit will be required in support of his or her benefit claim where the listed employer has either failed to verify claimant's alleged wages, previous employment, or where the agency files do not indicate any records or information concerning the listed employer.
The division will utilize the claimant's affidavit in order to make a monetary or nonmonetary determination only if the claimant submits documentary evidence such as, but not limited to, a form W-2, withholding tax statement or a payroll check stub.
When an affidavit is taken, the division representative will explain to the claimant that the determination based on claimant's statement is not final and may be subject to adjustment upon the receipt of information provided by the claimant's listed employer, or other official reports concerning previous employment and separation information.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 1 - FORMS › Section 51-1-26 - Submissions; electronic filing (E-filing) system

Current through Register Vol. 43, No. 28, July 11, 2024
Except as otherwise specified in the Kansas workers
						compensation act and the implementing regulations, all forms and other
						submissions required to be filed with the director or the division of workers
						compensation (division) in the Kansas department of labor shall be filed
						through the electronic filing (E-filing) system. Forms filed with the division
						shall be the forms prescribed or approved by the director.
(a) On and after November 30, 2018, in all
					workers compensation claims before the division, use of the division's
					electronic filing system, which is known as the online system for claims
					administration research and regulation (OSCAR), shall be required for all
					parties represented by legal counsel. Self-represented parties may file through
					the E-filing system but shall not be required to do so, as specified in   K.A.R.
					51-17-2.
(b) Electronic filing
					shall mean the process by which documents and submissions are created online
					and by which paper documents are scanned, uploaded, and filed with the division
					and served upon parties by electronic transmission using the E-filing system.
					This shall include any documents that become part of the case record, whether
					submitted by the division or by the litigants. Document service using the
					E-filing system upon a party represented by legal counsel or a self-represented
					party choosing to use the E-filing system shall constitute valid service.
					Document service by or on parties who are not represented by legal counsel and
					who have not chosen to use the E-filing system shall be performed as otherwise
					specified in   K.A.R. 51-17-2.
(c)
					Access to the E-filing system shall be through the division's web site. In
					order to register as a user for an account with the E-filing system, the user
					shall agree to register and to be bound by and adhere to the terms and
					conditions of use.
(d) Each
					submission shall be considered filed when received by the E-filing
					system.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 2 - FEES › Section 51-2-1 - Administrative fees

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A fee of fifty (.50) cents per page for the first two pages
				reproduced and an additional ten (.10) cents for each subsequent page shall be
				charged for photocopying any instrument on file in the office of the workers'
				compensation director.
(b) An additional charge of fifty (.50) cents shall be made for
				certifying the copy of any instrument.
(c) A charge of two (2.00) dollars shall be made for obtaining
				a certification under the act of congress, plus fifty (.50) cents per page for
				copying the instruments to be certified.
(d) A charge to be levied by the director shall be made for
				each copy of the workers' compensation law book and each annual supplement.
The twenty (20) percent factor, which is provided in K.S.A.
				74-715  and which applies to annual assessments of insurance carriers and
				self-insureds to be credited to the state general fund, shall not be computed
				on money collected for the sale of law books nor for copy charges, or other
				miscellaneous charges made to self-insureds or insurance carriers.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 2 - FEES › Section 51-2-4 - Distribution of transcripts of hearing or deposition

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each shorthand reporter who takes and transcribes the
				proceedings at a hearing or testimony at a deposition, either of which is to be
				used as evidence in a claim before the division of workers compensation, shall
				furnish the original transcript of that hearing or deposition to the
				administrative law judge, one copy to the employer, insurance carrier or its
				attorney, and one copy to the claimant or the claimant's attorney.
(b) In cases involving the workers compensation fund, the
				reporter shall also furnish one copy of the transcript of hearing or deposition
				to the attorney representing that fund.
(c) In settlement cases, the reporter shall furnish the
				original transcript to the director within two weeks. The transcript of the
				settlement hearing shall constitute a written final award. Copies of the
				settlement transcript shall be furnished to other parties only on request.
				Settlement transcripts shall be bound only by stapling without front or back
				covers. Reporters' fees in settlement cases shall be paid by the respondent
				unless otherwise indicated in the settlement.
(d) The fees of the reporter for hearings and depositions,
				including all copies furnished as provided above, shall be paid by the
				respondent upon completion of the transcript by the reporter. The fees shall be
				assessed by the administrative law judge in the final award. If the fees are
				assessed against a party other than the respondent and if the respondent has
				paid the fees, the party against whom they are assessed shall make the
				necessary reimbursement.
(e) A determination of the reasonableness of a reporter fee
				shall be made by the administrative law judge if this fee is challenged.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 2 - FEES › Section 51-2-5 - Special local administrative law judge fees and expenses

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The fees for the services of each special local
				administrative law judge shall be as follows:
(1) A fee of $50.00 shall be assessed for each settlement
				hearing that is heard as part of a regular settlement docket.
(2) A fee of $50.00 shall be assessed for each settlement
				hearing that is heard at an individual setting.
(3) A fee of $100.00 shall be assessed for each preliminary
				hearing, including a preliminary award, and for each full hearing.
(4) A fee of $100.00 shall be assessed for each prehearing
				settlement conference.
(5) A fee of $85.00 per hour shall be assessed for preparing
				and rendering a final award. The total fee shall not exceed $500.00.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 2 - FEES › Section 51-2-6 - Interpreters and interpreters' fees

Current through Register Vol. 43, No. 28, July 11, 2024
A qualified interpreter shall be appointed for each person
				whose primary language is one other than English or who is deaf,
				hard-of-hearing, or speech-impaired, for all hearings before an administrative
				law judge or the workers compensation board. A reasonable fee for the services
				of the interpreter shall be determined and fixed by the administrative law
				judge or the workers compensation board. The fee shall be paid by the
				respondent and shall not be assessed against the person whose primary language
				is one other than English or who is deaf, hard-of-hearing, or speech-impaired.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 3 - TERMINATION OF COMPENSABLE CASES › Section 51-3-1 - Methods of termination

Current through Register Vol. 43, No. 28, July 11, 2024
Compensable cases shall be determined and terminated by only
				five procedures under the act:
(a) By filing a final receipt and release of liability pursuant
				to K.S.A. 44-527  and amendments thereto;
(b) by hearing and written award;
(c) by joint petition and stipulation subject to K.A.R.
				51-3-16;
(d) by settlement hearing before an administrative law judge;
				or
(e) by voluntary dismissal by the parties.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 3 - TERMINATION OF COMPENSABLE CASES › Section 51-3-2 - Final receipt and release of liability

Current through Register Vol. 43, No. 28, July 11, 2024
A final receipt and release of liability shall cover all
				compensation paid and shall not be taken until the disability has terminated,
				or in case of permanent partial disability, until a final determination of the
				percentage of that permanent partial disability can be definitely ascertained.
				No compromise settlements shall be made on a final receipt and release of
				liability. The physician's report or reports accompanying the final receipt and
				release of liability shall conform to the amount paid for the disability except
				when the rating is an average of the ratings expressed by the doctors.
Dates and figures required shall be specific and accurate, and
				only in exceptional instances where explanation is necessary may insertions or
				additions be made.
The final receipt and release of liability shall be signed by
				the claimant, and the signature shall be notarized. The final receipt and
				release of liabilty form shall be accompanied by a physician's final report and
				by an accident report if the report has not already been filed with the
				division of workers compensation.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 3 - TERMINATION OF COMPENSABLE CASES › Section 51-3-3 - Disapproving final receipt and release of liability

Current through Register Vol. 43, No. 28, July 11, 2024
A final receipt and release of liability shall be disapproved
				by the director unless it meets the following requirements:
(a) The form shall be filled out completely.
(b) The form shall be accompanied by a physician's report, and
				the substance of the report shall conform to the information contained in the
				final receipt and release of liability.
(c) The form shall show that compensation has been paid in
				conformity with the requirements of the act.
(d) The form shall be filed within 60 days of execution.
(e) The form shall be executed within 60 days of the last
				payment of compensation.
(f) The form shall have the notarized signature of the
				claimant.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 3 - TERMINATION OF COMPENSABLE CASES › Section 51-3-4 - Setting aside final receipt and release of liability

Current through Register Vol. 43, No. 28, July 11, 2024
To commence a proceeding to set aside a final receipt and
				release of liability, the party requesting the proceeding shall file with the
				director an application containing all necessary facts, together with an
				application for hearing, in the same manner as the procedure required for a
				claim to determine compensation.
The test to determine if the final receipt and release of
				liability should be set aside shall be whether it provides compensation for the
				injuries sustained in the accident or the disability from occupational disease
				for which the claim was made.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 3 - TERMINATION OF COMPENSABLE CASES › Section 51-3-5 - Submission letters

Current through Register Vol. 43, No. 28, July 11, 2024
If there is a dispute between the employer and the worker as to
				the compensation due and hearings are held before the administrative law judge
				for a determination of the issues, upon completion of submission of its
				evidence, each party shall write to the administrative law judge a letter
				submitting the case for decision. The administrative law judge shall not stay a
				decision due to the absence of a submission letter filed in a timely manner.
				The submission letter shall contain a list of the evidence to be considered by
				the administrative law judge in arriving at a decision. That list shall include
				the following information:
(a) The dates and name of the administrative law judge for each
				hearing held and a list of exhibits submitted at each hearing;
(b) the date and name of witnesses in each deposition taken and
				a list of exhibits submitted at each deposition;
(c) a description of any stipulations entered into by the
				parties outside of a hearing or deposition;
(d) a list of any other exhibits that should be contained in
				the record;
(e) an itemization of all medical expenses that are in issue;
(f) an itemization of all medical expenses not in issue but
				that a party wishes itemized in the award; and
(g) a list of the issues to be decided by the administrative
				law judge, together with a list of those items to which the parties have
				stipulated.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 3 - TERMINATION OF COMPENSABLE CASES › Section 51-3-5a - Procedure for preliminary hearings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Medical reports or any other records or statements shall be
				considered by the administrative law judge at the preliminary hearing. However,
				the reports shall not be considered as evidence when the administrative law
				judge makes a final award in the case, unless all parties stipulate to the
				reports, records, or statements or unless the report, record, or statement is
				later supported by the testimony of the physician, surgeon, or other person
				making the report, record, or statement. If medical reports are not available
				or have not been produced before the preliminary hearing, either party shall be
				entitled to an ex parte order for production of the reports upon motion to the
				administrative law judge.
(b) If the decision of the administrative law judge is not
				rendered within five days of the hearing, the applicant's attorney shall notify
				the director, who shall make demand upon the administrative law judge for this
				decision.
(c) In no case shall an application for preliminary hearing be
				entertained by the administrative law judge when written notice has not been
				given to the adverse party pursuant to K.S.A. 44-534a.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 3 - TERMINATION OF COMPENSABLE CASES › Section 51-3-6 - Out-of-state accidents; venue

Current through Register Vol. 43, No. 28, July 11, 2024
When an accident has occurred outside of the state of Kansas
				and the parties are subject to the jurisdiction of the Kansas workers
				compensation act, the county in which the hearing will be held shall be
				designated by the director. Applications by the employee or employer shall be
				considered in order to accommodate the parties in determining where a claim
				shall be set for hearing.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 3 - TERMINATION OF COMPENSABLE CASES › Section 51-3-8 - Pretrial stipulations

Current through Register Vol. 43, No. 28, July 11, 2024
The parties shall be prepared at the first hearing to agree on
				the claimant's average weekly wage, unless the weekly wage is to be made an
				issue in the case.
(a) Before the first hearing takes place, the parties shall
				exchange medical information and confer as to what issues can be stipulated to
				and what issues are to be in dispute in the case. The following stipulations
				shall be used by the parties in every case:
QUESTIONS TO CLAIMANT
(1) In what county is it claimed that claimant met with
				personal injury by accident? If in a different county from that in which the
				hearing is held, then the parties shall stipulate that they consent to the
				conduct of the hearing in the county in which it is being held.
(2) Upon what date is it claimed that claimant met with
				personal injury by accident?
(3) Upon what date is it claimed that claimant met with
				personal injury by repetitive trauma?
QUESTIONS TO RESPONDENT
(4) Does respondent admit that claimant met with personal
				injury by accident on the date alleged?
(5) Does respondent admit that claimant met with personal
				injury by repetitive trauma on the date alleged?
(6) Does respondent admit that claimant's alleged personal
				injury "arose out of and in the course" of claimant's employment?
(7) Does respondent admit proper notice?
(8) Does respondent admit that the relationship of employer and
				employee existed?
(9) Does respondent admit that the parties are covered by the
				Kansas workers compensation act?
(10) Did the respondent have an insurance carrier on the date
				of the alleged accident? If so, what is the name of the insurance company? Was
				the respondent self-insured?
(11) Does respondent admit that the accident or repetitive
				trauma was the prevailing factor causing the injury, the medical condition, and
				the resulting disability or impairment?
QUESTIONS TO BOTH PARTIES
(12) What was the average weekly wage?
(13) Has any compensation been paid?
(14) Has any medical or hospital treatment been furnished? Is
				claimant making claim for any future medical treatment?
(15) Has claimant incurred any medical or hospital expense for
				which reimbursement is claimed?
(16) What was the nature and extent of the disability suffered
				as a result of the alleged injury?
(17) What medical and hospital expenses does the claimant
				have?
(18) What are the additional dates of temporary total
				disability, if any are claimed?
(19) Is the workers compensation fund to be impleaded as an
				additional party?
(20) Have the parties agreed upon a functional impairment
				rating?
The same stipulations shall be used in occupational disease
				cases, except that questions regarding "personal injury" shall be changed to
				discover facts concerning "disability from occupational disease" or
				"disablement."
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 3 - TERMINATION OF COMPENSABLE CASES › Section 51-3-9 - Medical evidence record for settlements

Current through Register Vol. 43, No. 28, July 11, 2024
The administrative law judge shall not issue a settlement award
				unless:
(a) the claimant personally testifies;
(b) medical testimony by a competent physician is introduced as
				evidence, either by the oral testimony of that physician, or through a
				documentary report of a recent physical examination of the claimant as to the
				extent of the claimant's disabilities; and
(c) any other testimony as the administrative law judge may
				require for the proper determination of the extent of disability and the amount
				of compensation due, if any. If documentary evidence of a medical report
				covering physical examination of the claimant is introduced in evidence, the
				claimant shall be able to testify that the claimant has read that report or had
				the report read to him or her, and that the claimant fully understands the
				medical evidence as to disability.
If the injured worker submits to hospitalization, the records
				of the hospitalization and treatment, properly identified, may be received in
				evidence at a hearing on a claim.
Medical and hospital expenses shall be made part of the record.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 3 - TERMINATION OF COMPENSABLE CASES › Section 51-3-16 - Closing cases by joint petition and stipulation

Current through Register Vol. 43, No. 28, July 11, 2024
If the claimant resides out of the state of Kansas and it would
				be a hardship to require the claimant to return to the state of Kansas for
				hearing and if the parties agree to settlement, the claim may be closed by an
				award on joint petition and stipulation. Joint petition and stipulation may
				also be used in death cases where the liability and the entitlement to
				compensation is clearly defined.
The format to be followed in submitting a case on joint
				petition and stipulation shall be substantially as set out in a format
				furnished by the division of workers' compensation.
In cases involving death, the joint petition shall be
				accompanied by certified copies of the certificate of death, marriage
				certificate, birth certificates, copies of letters of guardianship and
				conservatorship, if appropriate, and copies of journal entries of divorce if a
				prior marriage puts question on a spouse's entitlement to compensation.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 7 - MEASUREMENT OF DISABILITY › Section 51-7-2 - Days expressed as decimal

Current through Register Vol. 43, No. 28, July 11, 2024
In computing compensation for fractional parts of a week,
				record: one day as .14 of a week; two days as .29; three days as .43; four days
				as .57; five days as .71; and six days as .86. Compensation due shall be
				determined on the basis of a seven-day week. When the last day of disability is
				on a Sunday, compensation shall be paid for that day of disability.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 7 - MEASUREMENT OF DISABILITY › Section 51-7-8 - Computation of compensation

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) If a worker suffers a loss or the loss of use to a
				member and, in addition, suffers other injuries contributing to the temporary
				total disability, compensation for the temporary total disability shall not be
				deductible from the scheduled amount for those weeks of temporary total
				disability attributable to the other injuries.
(2) The weekly compensation rate for temporary total
				compensation shall be computed by multiplying .6667 times the worker's average
				weekly wage. This figure shall be subject to the statutory maximum set in
				K.S.A.
				44-510c, and amendments thereto.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 9 - MEDICAL AND HOSPITAL › Section 51-9-2 - Appliances

Current through Register Vol. 43, No. 28, July 11, 2024
The word "apparatus", contained in K.S.A. 44-510, shall mean
				such appliances as glasses, teeth, or artificial member.
When an appliance or apparatus is already being worn, and its
				usefulness is destroyed by an accident, the question as to whether the
				appliance is to be replaced as medical expense is one to be determined on the
				facts in each individual case. If an incident in direct connection with the
				work being done causes the destruction of the appliance being worn, it will be
				determined that personal injury by accident resulted, and the appliance is to
				be replaced as medical expense.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 9 - MEDICAL AND HOSPITAL › Section 51-9-5 - Refusal to submit to medical treatment

Current through Register Vol. 43, No. 28, July 11, 2024
An unreasonable refusal of the employee to submit to medical or
				surgical treatment, when the danger to life would be small and the
				probabilities of a permanent cure great, may result in denial or termination of
				compensation beyond the period of time that the injured worker would have been
				disabled had the worker submitted to medical or surgical treatment, but only
				after a hearing as to the reasonableness of such refusal.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 9 - MEDICAL AND HOSPITAL › Section 51-9-6 - Neutral physician

Current through Register Vol. 43, No. 28, July 11, 2024
If a neutral physician is appointed, the written report of that
				neutral physician shall be made a part of the record of hearing. Either party
				may cross examine each neutral physician so employed. The fee of the neutral
				physician giving such testimony shall be assessed as costs to a party at the
				administrative law judge's discretion.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 9 - MEDICAL AND HOSPITAL › Section 51-9-7 - Fees for medical and hospital services

Current through Register Vol. 43, No. 28, July 11, 2024
Fees for medical, surgical, hospital, dental, and nursing services,
				medical equipment, medical supplies, prescriptions, medical records, and medical
				testimony rendered pursuant to the Kansas workers compensation act shall be the
				lesser of the following:
(a) The usual and
			 customary charge of the health care provider, hospital, or other entity providing
			 the health care services; or
(b) the
			 amount allowed by the "2024 schedule of medical fees" published by the Kansas
			 department of labor, effective on May 3, 2024, and approved by the director of
			 workers compensation on May 29, 2023, including the ground rules for each type of
			 medical treatment or service within the schedule and the appendix, which is hereby
			 adopted by reference.
This regulation shall be effective on and after May 3, 2024.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 9 - MEDICAL AND HOSPITAL › Section 51-9-10 - Medical bills, reports, and treatment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Upon the completion of treatment in all compensation cases,
				physicians shall promptly notify the employer or carrier, and shall render
				their final bills forthwith. Bills for medical care providers and hospitals
				shall be itemized showing the date and the charge for services rendered.
				Separate bills should be presented to the employer or carrier by each surgeon,
				assistant, anesthetist, consultant, hospital, or nurse. In cases requiring
				prolonged treatment, physicians should submit partial bills, fully itemized, at
				intervals of at least 60 days.
(b)
(1) Medical reports of the physician should be submitted on
				a periodic basis depending upon the nature and severity of the injuries
				involved and, in all cases, immediately upon request of the respondent or
				insurance carrier. A report shall be rendered on the date on which the
				physician releases the worker to return to work and forwarded to the employer
				or insurance carrier and to the employee, if requested.
(2) In cases of amputation, the physician shall mark the exact
				point of amputation on a diagram showing the member involved.
(3) The patient privilege preventing the furnishing of medical
				information by doctors and hospitals is waived by a worker seeking workers
				compensation benefits, and all reports, records, or other data concerning
				examinations or treatment shall be furnished to the employer or insurance
				carrier or the director at that individual's request without the necessity of a
				release by the worker.
(4) Unreasonable refusal by the worker to cooperate with the
				employer or insurance carrier or the director by failing to furnish medical
				information releases for the worker's medical history may result in
				compensation being denied or terminated after hearing before the director.
(5) The employee shall immediately be furnished a copy of any
				medical report that authorizes return to work.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 9 - MEDICAL AND HOSPITAL › Section 51-9-11 - Transportation to obtain medical treatment

Current through Register Vol. 43, No. 28, July 11, 2024
(a) It shall be the duty of the employer to provide
				transportation to obtain medical services to and from the home of the injured
				employee whether those services are outside the community in which the employee
				resides or within the community.
(b) The employer shall reimburse the worker for the reasonable
				cost of transportation under the following conditions:
(1) if an injured worker does not have a vehicle or reasonable
				access to a vehicle of a family member living in the worker's home; or
(2) if the worker, because of the worker's physical condition,
				cannot drive and must therefore hire transportation to obtain medical
				treatment.
Reimbursement may include, among other things, reimbursement
				for the cost of taxi service, other public transportation, and ambulance
				service, if required by a physician, and for the cost of hiring another
				individual to drive the worker for medical treatment. Any charges presented to
				the employer or insurance carrier for payment shall be a fair and reasonable
				amount based on the customary charges for those services.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 9 - MEDICAL AND HOSPITAL › Section 51-9-16 - Submission of data on expenditures for health care services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each insurance carrier, self-insured employer, group-funded
				workers compensation pool, and health care facility shall submit a summary of
				medical records and related charges if either of the following conditions is
				met:
(1) The total cost for any workers compensation medical claim
				exceeds $150,000.
(2) Any medical treatment in the workers compensation claim
				continues for more than 60 months.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 11 - WAGES › Section 51-11-6 - Computing employers gross pay-roll

Current through Register Vol. 43, No. 28, July 11, 2024
In computing the gross annual payroll for an employer to
				determine whether they are subject to the workers' compensation act, all
				payroll paid by that employer to all workers shall be included. The computation
				shall include all payroll whether or not that payroll is paid to employees in
				the state of Kansas or outside the state of Kansas.
The provision in K.S.A. 44-505  excluding the payroll of workers
				who are members of the employer's family shall not apply to corporate
				employers.
A corporate employer's payroll for purposes of determining
				whether the employer is subject to the workers' compensation act shall be
				determined by the total amount of payroll paid to all corporate employees even
				when a corporate employee has elected out of the workers' compensation act
				pursuant to K.S.A. 44-543.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 12 - INJURIES OCCURRING INSIDE OR OUTSIDE THE STATE OF KANSAS › Section 51-12-2 - Notices

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Employers operating under this act shall post notice in one
				or more conspicuous places advising employees what to do in case of injury.
				This notice form may be obtained at no cost from the division of workers
				compensation.
(b) Immediately upon receiving notice of injury or death of an
				employee, the employer shall mail or deliver to the employee or legal
				beneficiary a copy of the appropriate division of workers compensation form.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 13 - ELECTIONS › Section 51-13-1 - Employer's election to come under the act

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) A parent company shall not file an election to cover
				itself and a subsidiary; each entity shall file an election on its own behalf.
(2) Failure of an employer to cover its employees by means of
				insurance policy or through an approved self-insurance plan shall result in the
				employer being a non-qualified self-insurer and shall result in the employer
				paying direct compensation benefits to the injured employee.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 15 - WORKERS COMPENSATION FUND › Section 51-15-2 - Workers compensation fund

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Insurance carriers and self-insureds shall not withhold
				compensation from an injured employee during negotiations with the workers
				compensation fund but shall pay compensation due under the act and then seek
				reimbursement for any compensation paid.
(b) The workers compensation fund shall be entitled to a
				hearing on the question of its liability imposed by the provisions of K.S.A.
				44-532a. The administrative law judge may award compensation pursuant to K.S.A.
				44-532a  against the workers compensation fund following a preliminary hearing
				if the fund was properly impleaded and given the statutory notice of the
				hearing.
(c) "First full hearing," as used in K.S.A. 44-567(c), as
				amended, means the first hearing before an administrative law judge, other than
				a preliminary hearing provided by K.S.A. 1996 Supp. 44-534a, as amended, at
				which pre-trial stipulations are taken and testimony is presented.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 18 - APPEALS › Section 51-18-2 - Review by workers compensation board

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The effective date of the administrative law judge's acts,
				findings, awards, decisions, rulings, or modifications, for review purposes,
				shall be the day following the date noted thereon by the administrative law
				judge.
(b) Application for review by the workers compensation board
				shall be considered as timely filed only if received in the central office or
				one of the district offices of the division of workers compensation on or
				before the tenth day after the effective date of the act of an administrative
				law judge.
(c) An application for review may be filed by facsimile
				directly to the division of workers compensation.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 18 - APPEALS › Section 51-18-3 - Applications for review

Current through Register Vol. 43, No. 28, July 11, 2024
Applications for review should specify the issues to be
				considered and the jurisdictional basis for the appeal from a preliminary
				hearing, pursuant to K.S.A. 1996 Supp. 44-534a, as amended.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 18 - APPEALS › Section 51-18-4 - Time schedule for briefs on review; summary calendar

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Following an application for review by the workers
				compensation board, each brief that a party files shall be served upon opposing
				counsel and thereafter filed with the workers compensation board, division of
				workers compensation, according to the following schedule.
(1) The appellant's brief shall be submitted within 30 days
				from the date of filing the application for review.
(2) The appellee's brief shall be submitted within 20 days
				thereafter.
(3) The appellant may submit a reply brief limited to new
				issues raised in the appellee's brief within 10 days thereafter.
An original and five copies of each brief shall be filed with
				the workers compensation board. Every brief shall be supplied in two copies to
				all counsel of record.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 18 - APPEALS › Section 51-18-5 - Extensions of time

Current through Register Vol. 43, No. 28, July 11, 2024
An application for an extension of time for the performance of
				any act required by any person regarding review by the board shall be addressed
				to the workers compensation board. No extension shall be granted except on
				stated grounds reasonably indicating the necessity therefor. The consent of
				adverse parties to an application shall be considered but shall not be
				controlling. A copy of any application under this regulation shall be served on
				all parties.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 18 - APPEALS › Section 51-18-6 - Voluntary dismissals

Current through Register Vol. 43, No. 28, July 11, 2024
An application for review by the workers compensation board may
				be dismissed upon the agreement of all parties to the review. If a settlement
				is reached, the appellant shall promptly notify the workers compensation board.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 19 - APPLICATION FOR REVIEW AND MODIFICATION PURSUANT TO K.S.A. 44-528 › Section 51-19-1 - Review and modification

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When there has been an application for review or appeal
				upon an award and the same is either affirmed or modified, application for
				review and modification pursuant to K.S.A. 44-528  may still be made to the
				division. Initial hearings on such applications shall be conducted by an
				administrative law judge.
(b) Application for review and modification pursuant to K.S.A.
				44-528  shall set forth at least one of the reasons contained therein.
(c) Review and modification applications should not be made
				more than once during any six-month interval except in highly unusual
				situations. However, upon the completion of vocational rehabilitation, as
				provided for under this act, the worker, employer, or insurance carrier shall
				have the right to seek a review and modification of the award rendered,
				granting any compensation to the employee for any disability.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 20 - GUARDS › Section 51-20-1 - Failure of employee to use safety guards provided by employer

Current through Register Vol. 43, No. 28, July 11, 2024
The director rules that where the rules regarding safety have
				generally been disregarded by employees and not rigidly enforced by the
				employer, violation of such rule will not prejudice an injured employee's right
				to compensation.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 24 - REHABILITATION › Section 51-24-1 - Vocational rehabilitation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each insurance carrier and employer shall furnish to the
				selected vocational rehabilitation vendor, or at the administrator's request,
				to the rehabilitation administrator, any medical reports that may be necessary
				to make an effective vocational rehabilitation determination.
(b) The rehabilitation administrator shall be the coordinator
				between the parties seeking a vocational assessment and the state or federal
				vocational rehabilitation agency or a qualified private agency.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 24 - REHABILITATION › Section 51-24-3 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
As used in   K.A.R. 51-24-1  through  51-24-10,  the following
				definitions shall apply:
(a) "Director" means the director of the Kansas division of
				workers compensation.
(b) "Job placement specialist" means a person who has provided
				the director with the necessary proof of eligibility for qualification under
				K.A.R. 51-24-5(c) and who has received a certification of qualification from
				the director.
(c) "Office" means a place in which business, professional, or
				clerical activities are conducted. An office may be part of a home if both of
				the following conditions are met:
(1) A portion of the home is regularly and exclusively used
				only for business.
(2) The home is the principal place for the administrative or
				management activities of the business or is the principal place for the vendor
				to meet or deal with patients, clients, or customers in the normal course of
				business.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 24 - REHABILITATION › Section 51-24-5 - Qualifications for counselor, evaluator, and job placement specialist

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each person seeking to qualify as a vocational
				rehabilitation counselor for cases under the Kansas workers compensation act
				shall:
(1) furnish proof to the director that the person has:
(A) a masters degree from a nationally accredited program in
				rehabilitation counselor education; or
(B)
(i) a masters degree in counseling, guidance and counseling,
				clinical psychology, counseling psychology, clinical social work or any related
				field which includes nine hours of graduate course work in counseling; and
(ii) one year of experience as a vocational rehabilitation
				counselor or completion of a nationally accredited rehabilitation counselor
				internship program from a college or university; or
(C) 32 graduate hours from an accredited rehabilitation
				counseling program, including course-work from at least nine of the following
				graduate courses:
(i) Medical aspects of disability;
(ii) counseling theories;
(iii) individual and group appraisal;
(iv) career information service;
(v) evaluation techniques in rehabilitation;
(vi) placement process in rehabilitation;
(vii) psychological aspects of disability;
(viii) case management in rehabilitation;
(ix) utilization of community resources;
(x) survey of rehabilitation;
(xi) supervised practicum in rehabilitation; or
(D) a bachelors degree in rehabilitation services and three
				years of experience as a vocational rehabilitation counselor;
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 24 - REHABILITATION › Section 51-24-6 - Qualification of private training facility

Current through Register Vol. 43, No. 28, July 11, 2024
Before a private training facility begins providing vocational
				rehabilitation training or education to persons under the Kansas workers'
				compensation act, the vendor formulating the training plan shall file with the
				vocational rehabilitation administrator a sufficient description of the course
				work and qualifications of the individuals performing the training or education
				to satisfy the vocational rehabilitation administrator that the training is
				adequate and appropriate to fulfill the goal of the plan.
Kansas Administrative Regulations › Agency 51 - DEPARTMENT OF LABOR-DIVISION OF WORKERS COMPENSATION › Article 24 - REHABILITATION › Section 51-24-10 - Penalties for violations of standards of conduct

Current through Register Vol. 43, No. 28, July 11, 2024
If a person or firm qualified by the director pursuant to
			 	 K.A.R. 51-24-4  or    K.A.R. 51-24-5   is found, following the procedure in   K.A.R.
				51-24-9, to  have violated the standards of conduct set out in   K.A.R. 51-24-8,
				 any combination of the following disciplinary measures may be imposed:
(a) the respondent may be issued a letter of censure by the
				director;
(b) the respondent may be required to create and implement a
				written corrective action plan acceptable to the director;
(c) the respondent may be prohibited from undertaking work on
				any new cases for a stated period of time;
(d) the respondent may be prohibited from working on the
				respondent's existing caseload for a stated period of time;
(e) the respondent may be permanently or temporarily prohibited
				from accepting cases from specific referral sources;
(f) the respondent's qualification may be revoked for a stated
				period of time; or
(g) the respondent's qualification may be revoked permanently.