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Kansas Senate Approves Work Comp Bill

This week the Kansas Senate approved House Bill 2134, which includes numerous amendments and additions to the Kansas Workers Compensation Act.  After narrowly approving two amendments to the version of the bill previously approved by the House, the Senate passed the substitute bill by a unanimous 39-0 vote.   

Among the changes in this new-and-improved version of the bill (the tenth version) are: (1) redefining several existing terms and defining new terms; (2) specifying circumstances for disallowing compensation benefits; (3) requiring uniform deadlines for an injured employee to give notice to the employer; (4) revising drug testing standards; (5) shortening the time a case can stay open without a hearing from five to three years; (6) reducing compensation in cases involving proof of pre-existing conditions; (7) requiring expert evidence to prove permanent total disability; (8) redefining benefits available for temporary total disability; (9) revising calculations for compensating bilateral injuries and determining "average wages"; (10) increasing the maximum compensation for four different categories of disability; (11) reducing compensation benefits when the employee accepts retirement benefits from the same employer; (12) reducing an employer’s responsibility to provide medical and health care services in specified circumstances; (13) expanding who is eligible to access the appeals process involving future medical treatment; (14) expanding the use of the WC Fund when an employer has insufficient coverage; (15) mandating insurers and self-insured employers to issue warning notices in certain circumstances; (16) revising the appointment process for the WC Board; (17) allowing employers or insurance carriers to request a post-award hearing for medical treatment; and (18) permitting administrative hearings to be by video and telephonic means.

The bill now awaits further action by the House.


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Don Berner, the Labor Law, OSHA, & Immigration Law Guy
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Boyd Byers, the General Employment Law Guy
Jason Lacey Image
Jason Lacey, the Employee Benefits Guy
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