Kansas Passes Sweeping New Changes to Workers Compensation Laws: Effective July 1, 2024
On July 1, 2024, big changes go into effect for Kansas Workers Compensation
Claims. Some of the new changes include:
Increases In Maximum Benefit Limits for Workers
*The maximum death benefit payable will increase to $500,000 from
$300,000.
*The minimum temporary total disability benefit will increase from $25 to $ 50 per week.
*The maximum permanent total disability benefit (including payments made
for permanent partial, temporary partial, or temporary total disability) will
increase from $155,000 to $400,000 per claim.
*The maximum temporary total disability benefit (including payments made for permanent partial, temporary partial, or temporary total disability) will increase from $130,000 to $225,000.
*The maximum permanent partial disability benefit (including payments made for permanent partial, temporary partial, or temporary total disability) will increase from $130,000 to $225,000.
The Ability to Settle Without a Settlement Hearing
*When both parties are represented by legal counsel and the claimant is over
18 years of age, a settlement may occur by settlement award on written
stipulation and a hearing will no longer be necessary to get the settlement
approved.
Limits To the Use of Court-Ordered Independent Medical Evaluations
*An administrative law judge may appoint a physician to perform a court-
ordered independent medical evaluation (JME). However, the court-ordered
IME physician can no longer address the injured worker’s:
- Permanent restrictions.
- Permanent partial disability.
- Job task loss.
- Wage loss.
- Permanent total disability status.
Unless the court-ordered IME physician is later selected as the treating physician.
New Rules for Exchanging Medical Reports
*All parties must exchange medical reports at least 20 days before any
preliminary hearing and 30 days before any regular hearing. Depositions are
no longer required, and reports can be admitted into evidence with proper
notice to the opposing party as long as no objection is filed within 10 days.
New Rules for Employee Notice
*The old rule required notice in writing within 20 days of the injury. The new rule requires notice within 30 days of the injury either orally or in writing as long as certain specifications are met.
You can click on the link below to access the full text of the bill and review the changes in their entirety.
https://legiscan.com/KS/text/SB430/2023
Please feel free to contact DFO Law, LLC if you need assistance navigating
these changes.