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2025 Kansas Legislature: The 2025
Kansas legislative session has now ended.
There were no significant changes to Kansas workers compensation
statutes in 2025. The Kansas workers compensation pro-employer 2011 reform laws
remain in place through the 2025 legislative session. The significant 2024
legislative changes (see below) which increased benefits to claimants have now had one year
to play out, and while we do not have any significant Kansas appellate court
decisions interpreting those 2024 changes, on the employer/carrier claim
handling ground level for new injury claims occurring after July 1, 2024,
employers are seeing increased compensation payouts, particularly for high wage
earners.
2024 Key Statutory Changes Recap:
1. Increased Caps (previous caps in parentheses):
a. Death benefit cap increases to $500,000 ($300,000).
i. Benefits can exceed death benefit cap for dependent children until the
later of
1.
age 18.
2.
age 19 or graduation if still in high school at age 18; or
3.
until age 23 if in vocational school or college.
b. Permanent Total
Disability Cap increases to $400,000 ($155,000).
i. To be eligible to pursue permanent total disability benefits, an injured worker must prove the work accident resulted in at least a 10% permanent partial impairment to the body as a whole or, if the injured worker has preexisting impairment, the injured worker’s total permanent partial impairment to the whole body must be at least 15%.
ii.
The injured worker must still prove they are realistically and essentially
unemployable as a result of the accident.
c. Permanent Partial
Disability Cap increases to $225,000 ($130,000).
i. Injured worker
must prove permanent partial impairment to the whole body from the work accident of at least 7.5% or, if the
injured worker has preexisting impairment, the injured
worker’s combined permanent partial impairment to the whole body must be at least 10%.
ii. Work
disability is still determined by the average of wage loss, and task loss,
related to the work injury.
d. If the work accident results
in only permanent partial impairment, an injured worker’s recovery is capped at
$100,000. ($75,000).
e. Caps will remain fixed until
July 1, 2027, at which time a cost-of-living adjustment will kick in to raise
caps on a yearly basis. The annual percentage increase will be based on a
5-year average of the percentage increase in the State’s average weekly wage.
2. Preliminary Hearings:
a. Injured workers shall provide
records to opposing counsel at least 20 days before a preliminary hearing. If records are not provided at least 20 days
before the preliminary hearing, the court can grant additional time for the
employer to provide evidence which may controvert the employee’s records.
a. The authorized
treating physician’s opinion as to the need for future medical is presumed determinative
on the issue of whether future medical will be awarded in cases where there
have been no invasive procedures. This presumption can only be overcome with
clear and convincing evidence. What
constitutes “invasive” will be the subject of litigation.
b. If the injured worker had
invasive treatment as a result of the work injury, the authorized treater’s
assessment that no future treatment will be needed is still presumed
determinative of the issue. However, that presumption may be overcome if
claimant proves it is more likely than not that future medical will be needed.
4. Court-ordered independent medical examinations (COIME):
a. The Administrative
Law Judge may only order one COIME without agreement of the parties.
i. If the ALJ does
order a COIME, the COIME must be done prior to Prehearing Settlement Conference.
ii. In addition,
the COIME may not be used for the purposes of a rating, permanent restrictions, or opinions on permanent
total disability.
b. Parties are still
free to agree to a joint IME.
5. Post award medical and attorney fees:
a. The only procedure allowed to
pursue post award medical treatment will be under the provisions of KSA
44-510k. An injured worker may not pursue post-award medical benefits under
preliminary hearing procedures of K.S.A. 44-534a.
b. If post-award benefits sought
are provided within 30 days after an application for post award medical is
filed, no attorney fees should be awarded without showing, by clear and
convincing evidence, that the claimant attorney made significant legal effort.
6. Medical records:
a. Upon receipt of notice from
the Division of the setting of a Regular or Post-Award Hearing, the parties
shall exchange medical reports including those by examining and treating health
care providers. The exchange shall be at least 30 days before the hearing.
b. The testimony of a treating or
examining health care provider may be submitted into evidence without
additional foundation by submission to the opposing side of a complete medical
report that complies with procedural rules set forth in the statute.
c. Upon receipt of a proposed
complete medical report, a party has ten days to file a written objection to
the offering party stating the grounds for the objection. The ALJ shall then
conduct a hearing on the objections as to whether the proposal meets the
requirements of a complete medical report.
7. Notice of injury:
a. An injured worker must notify
the employer of the accident within 30 days (was 20 days) from date of accident
or 20 days (was 10 days) from last date of employment, whichever is earlier.
8. Stipulated awards:
a. If the employee is represented by counsel, a settlement can be completed without the need for a settlement hearing. The Division created the appropriate stipulations and Award documentation. The Administrative law judge is given five days from receipt of the signed stipulation to approve the agreed award or settlement. Note however, there are significant employer/carrier advantages to formalizing the settlement before a Special Settlement Judge.
9. Social security offset:
a. An award of permanent partial
or permanent total disability shall be subject to an offset equal to 50% of the
claimant’s Social Security retirement benefits.
b. An award of TTD and TPD
benefits shall not be subject to an offset for Social Security Retirement
benefits.
10. Average Weekly Wage Computation:
a. The calculation of average
weekly wage shall include vacation, sick leave and PTO paid during 26 weeks
before accident.
b. In addition, the average
weekly wage calculation eliminates the first week of wages from
calculations if the
employee did not work a full week.
11. Unauthorized Medical Allowance:
a. The allowance per
case for unauthorized medical is raised to $800 (was $500).
12. Per Diem for medical trips:
a. If an employee is required to
be away from home all day to obtain medical treatment, the employer shall pay
the employee a $30 (was $15) per diem.
b. The employer shall be
responsible for reimbursement of the reasonable expenses of overnight
accommodation as needed to avoid undue hardship on the employee. This is a completely new benefit that did not
exist in previous law.
13. Transcription of Hearing:
a. The Director may order
hearings to be recorded by digital recording or other means and later transcribed
by a certified shorthand reporter or notary public who shall attest to the transcription’s
accuracy.
14. 2024 Rates Update (2025 rates come out after July 1, 2025):
a. The maximum weekly indemnity benefit rate
increased to $835.00, effective for injuries occurring 7/1/2024 through
6/30/2025, based upon annual indexing to the state average weekly wage. Likewise for the same period, the minimum
weekly survivor benefit rate for fatalities increased to $556.71. Effective for medical travel after July 1,
2024, the medical mileage reimbursement rate increased from $.655 cents per
mile to $.67 cents per mile.
About the
Author: This update was prepared by National Workers’ Compensation Defense
Network Kansas member Kim R. Martens of the Wichita, KS firm MARTENS
WORK COMP LAW LLC, a law firm dedicated to representing self-insured
employers, insurance carriers, and third-party administrators in all matters
related to workers’ compensation before the Kansas Division of Workers’
Compensation and the Kansas appellate courts. If you have any questions about
this submission or Kansas workers’ compensation in general, please contact Mr.
Martens by either e-mailing him at Kim@MartensWorkCompLaw.com or by calling him
directly at 316-461-0135.