2024 Work Comp Reform Overview

On April 11, 2024, Governor Laura Kelly signed into law SB 430, implementing workers’ compensation reform in the state of Kansas.  The changes will take effect beginning July 1, 2024.  We’ve created a summary of changes to help you better understand. 

1. Caps (current caps in parentheses)

a.      Death = $500,000 ($300,000)

                    i.      Can exceed for dependent child until later age 18, age 19 or graduation if still in high school at age 18, or until age 23 if in vocational school or college.

b.    Permanent Total= $400,000 ($155,000)

                     i.      Must prove at least 10% PPD to be eligible for PTD benefits.

                      ii.      Still must prove Claimant is realistically and essentially unemployable to get PTD.

c.       Permanent Partial = $225,000 ($130,000)

d.      Functional Only= $100,000 ($75,000)

e.      Caps will remain fixed until July 1, 2027, at which time COLA will kick in to raise caps yearly on

July 1 based on a 5-year average of the% increase in the State average weekly wage. 

2. Preliminary Hearings

a.       Requires claimants to provide records at least 20 days before prelim. If they do not, the court should allow additional time for employers to obtain evidence opposing prelim request.

3.   Future Medical

a.       Treating physician's opinion on the need for future medical is determinative of whether future medical is awarded in cases where there have been no invasive procedures unless overcome by clear and convincing evidence.

b.       For Injured Worker with invasive treatment, presumption is no future medical needed, but this can be overcome if claimant proves it is more likely than not.

4.     Post award medical and attorney's fee

a.       Only procedure allowed will be under KSA 44-51 Ok. Claimant cannot proceed under preliminary hearing statute that has lower evidentiary requirements and limited appeal rights.

b.       If benefits provided within 30 days after an application for post award medical is provided, no attorney fees can be ordered without showing by clear and convincing evidence that the claimant attorney expended significant legal effort.          

5.   Court-ordered independent medical examinations COIME)

a.      Only one may be ordered by an ALJ (Administrative Law Judge) without agreement of the parties and must be done prior to PreHearing Settlement Conference. Not to be used for rating, restrictions, or opinions on permanent total disability.

b.      Parties can still agree to a joint IME.

6.  Medical records

a.       Procedure in place to allow medical records to be admitted into evidence without taking the deposition of the health care provider.

7.    Notice of injury

a.       30 days from date of accident or 20 days from last date of employment, whichever is earlier.

       b. This takes us back to our 2011 agreement which was changed by Marvin Kleb, Chairman of House Commerce Committee.

8.     Stipulated awards

a.       Creates a mechanism that both parties are represented, case can be settled using paperwork rather than a settlement hearing.

9.      Fund

a.      Allow Fund to implead a statutory employer.

10.     Social security offset

a.       Modified when offset is applicable.

b.       Eliminates offset from TTD and TPD payments.

11.     Wages

a.       Modifies wage calculation to include vacation, sick leave and PTO paid during 26 weeks before accident.

b.       Eliminates first week of wages from calculations if it is not for full week of work.