Kansas Administrative Code

(Authorized by K.S.A. 1977 Supp. 44-543 and 44-573; effective Feb. 15, 1977; re- voked May 1, 1978.) COMPENSATION BY INSURANCE AND SELF-INSURANCE

(Authorized by K.S.A. 1976 Supp. 44-532 and 44-573; effective Jan. 1, 1966; amend- ed Jan. 1, 1969; amended Jan. 1, 1971; amended Jan. 1, 1973; revoked Feb. 15, 1977.)

(Authorized by K.S.A. 1977 Supp. 44-532 and 44-573; effective, E-74-31, July 1, 1974;effectiveMay1,1975;amendedMay1,1976; amended Feb. 15, 1977; revoked May 1, 1978.)

(Authorized by K.S.A. 1977 Supp. 44-557a, 44-573; effective May 1, 1975; amended May 1, 1978; revoked May 1, 1983.)

Self-insurance. An employer op- erating under the act shall only become qualified as a self-insurer through the process of applying to the division of workers’ compensation for a self-insurance permit. An employer making an application shall, upon the request of the director, sub…

(Authorized by K.S.A. 44-566, K.S.A. 1972 Supp. 44-567, 44-568, 44-569, 44- 569a, 44-570 and 44-573; effective Jan. 1, 1966; amended Jan. 1, 1969; amended Jan. 1, 1973; revoked, E-74-31, July 1, 1974; revoked May 1, 1975.)

Workers compensation fund. (a) Insurance carriers and self-insureds shall not withhold compensation from an injured employee during negotiations with the workers compensa- tion fund but shall pay compensation due under the act and then seek reimbursement for any compensation paid…

(Authorized by K.S.A. 1977 Supp. 44-566, 44-566a, 44-569, 44-569a, 44-570, 44-575; effective May 1, 1975; revoked May 1, 1978.)

(Authorized by K.S.A. 1977 Supp. 44-503; effective Jan. 1, 1966; amended Jan. 1, 1969; amended Jan. 1, 1973; amended Feb. 15, 1977; revoked May 1, 1978.) AND EXTENSION

(Authorized by K.S.A. 60-206, K.S.A. 1972 Supp. 44-573; effective Jan. 1, 1966; amended Jan. 1, 1973; revoked June 21, 2002.)

Methods of filing; service. On and after November 30, 2018, each party repre- sented by legal counsel shall file workers com- pensation case documents through the electronic filing (E-filing) system of the division of workers compensation(division)intheKansasdepartment of labor, …

(Authorized by K.S.A. 1977 Supp. 44-556; effective Jan. 1, 1966; amended Jan. 1, 1969; revoked May 1, 1978.)

Review by workers compensa- tion board. (a) The effective date of the adminis- trativelawjudge’sacts,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 r…

Applications for review. Appli- cations 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. (Autho- rized by K.S.A. 44-573; implementing K.S.A. 1996 Supp. …

Time schedule for briefs on review; summary calendar. (a) Following an application for review by the workers compensa- tion board, each brief that a party files shall be served upon opposing counsel and thereafter filed with the workers compensation board, division of workers com…

Extensions of time.Anapplication 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 grant- ed except on stated grounds reasonably indicat- ing the…

Voluntary dismissals. An appli- cation 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. (Authorized by K.S.A. 44- 573; imp…

Review and modification. (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 applicatio…

Administrative fees. (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 photo- copying any instrument on file in the office of the workers’ compensation director. (b) An additi…

(Authorized by K.S.A. 1972 Supp. 44- 573; effective Jan. 1, 1966; amended Jan. 1, 1969; amended Jan. 1, 1973; revoked May 1, 1983.)

(Authorized by K.S.A. 44-573; ef- fective Jan. 1, 1966; transferred Jan. 1, 1969 to K.A.R. 51-2-4.)

Distribution of transcripts of hearing or deposition. (a) Each shorthand re- porter 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 be- fore the division of workers compensation, shall furni…

Special local administrative law judge fees and expenses. (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 regu- lar settlement docket. (2…

Interpreters and interpreters’ fees. 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 ad- ministrative law judge or the workers compensa- tio…

Failure of employee to use safe- ty guards provided by employer. 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 employ- ee’s right…

Waiver of liability. A worker, un- der the act, cannot contract with the employer to relieve the latter of liability in case of an accident. (AuthorizedbyK.S.A.44-573;implementingK.S.A. 44-514, as amended by L. 1997, Ch. 182, Sec. 72; effective Jan. 1, 1966; amended Feb. 15, 1977…

(Authorized by K.S.A. 1974 Supp. 44-531 and 44-573; effective Jan. 1, 1966; amend- ed Jan. 1, 1973; revoked, E-74-31, July 1, 1974; revoked May 1, 1975.)

(Authorized by K.S.A. 1977 Supp. 680 DEPT. OF LABOR—DIVISION OF WORKERS COMPENSATION 51-24-1 44-508 and 44-573; effective Jan. 1, 1966; amend- ed, E-74-31, July 1, 1974; amended May 1, 1975; amended Feb. 15, 1977; revoked May 1, 1978.)

Vocational rehabilitation. (a) Each insurance carrier and employer shall furnish to the selected vocational rehabilitation vendor, or at the administrator’s request, to the rehabili- tation administrator, any medical reports that may be necessary to make an effective vocational r…

Penalties for violations of stan- dards of conduct. If a person or firm qualified by the director pursuant to K.A.R. 51-24-4 or K.A.R. 51-24-5isfound,followingtheprocedureinK.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…

(Authorized by K.S.A. 44-573; im- plementing K.S.A. 44-510, 44-510g; effective May 1, 1976; amended Feb. 15, 1977; amended May 1, 1983; revoked May 22, 1998.)

Definitions. 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 …

Qualifications and duties of a vendor. For vocational rehabilitation cases under the Kansas workers compensation act, each per- son, firm, or corporation proposing to qualify as a vendor shall file an application with the director. The application shall be updated if changes oc- …

Qualifications for counselor, evaluator, and job placement specialist. (a) Each person seeking to qualify as a vocational re- habilitation counselor for cases under the Kansas workers compensation act shall: (1) furnish proof to the director that the person has: (A) a masters deg…

Qualification of private training facility. 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 rehabili- …

(Authorized by K.S.A. 44-573; im- plementing K.S.A. 44-510g, as amended by 1987 HB 2573, Sec. 1; effective, T-88-20, July 1, 1987; effective May 1, 1988; revoked May 22, 1998.)

Standards of conduct for voca- tional rehabilitation vendors and vocational rehabilitation professionals. Each vocational rehabilitation vendor (vendor) and vocational rehabilitation professional (professional) who has been authorized by the director to provide vocational rehabil…

Procedure for reviewing and processing complaints of violations of stan- dards of conduct. (a) Individuals and firms ap- proved by the director as qualified vocational rehabilitation professionals and vendors under K.A.R. 51-24-1 et seq., shall be subject to disci- plinary action…

Methods of termination. Compen- sable cases shall be determined and terminated by only five procedures under the act: (a) By filing a final receipt and release of lia- bility pursuant to K.S.A. 44-527 and amendments thereto; (b) by hearing and written award; (c) by joint petition…

(Authorized by K.S.A. 1977 Supp. 44-573; effective Jan. 1, 1974; amended, E-74-31, July 1, 1974; amended May 1, 1975; amended, E-76-23, May 30, 1975; amended May 1, 1976; revoked May 1, 1978.)

(Authorized by K.S.A. 44-573; ef- fective Jan. 1, 1966; transferred Jan. 1, 1973 to K.A.R. 51-3-13.)

(Authorized by K.S.A. 1977 Supp. 44-573; effective Jan. 1, 1966; revoked May 1, 1978.)

(Authorized by K.S.A. 44-553, K.S.A. 1977 Supp. 44-573; effective Jan. 1, 1966; amended Jan. 1, 1973; amended Feb. 15, 1977; revoked May 1, 1978.)

(Authorized by K.S.A. 1977 Supp. 44-573; effective Jan. 1, 1966; amended Jan. 1, 1973; revoked May 1, 1978.)

(Authorized by K.S.A. 1977 Supp. 44-573; effective Jan. 1, 1966; amended Jan. 1, 1969; revoked May 1, 1978.) 668 DEPT. OF LABOR—DIVISION OF WORKERS COMPENSATION 51-3-16

Closing cases by joint petition and stipulation. If the claimant resides out of the stateofKansasanditwouldbeahardshiptorequire 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 …

(Authorized by K.S.A. 44-573; im- plementing K.S.A. 44-512; effective Jan. 1, 1966; amended Jan. 1, 1973; amended Feb. 15, 1977; amended May 1, 1983; revoked May 22, 1998.)

(Authorized by K.S.A. 1974 Supp. 44-573; effective Jan. 1, 1966; amended Jan. 1, 1973; revoked, E-74-31, July 1, 1974; revoked May 1, 1975.)

(Authorized by K.S.A. 44-532a, 44-566a, and 44-573; effective, E-74-31, July 1, 1974; transferred May 1, 1975 to K.A.R. 51-3-19.)

(Authorized by K.S.A. 1977 Supp. 44-532a, 44-566a, 44-573; effective, E-74-31, July 1, 1974; effective May 1, 1975; amended, E-76- 23, May 30, 1975; amended May 1, 1976; amend- ed Feb. 15, 1977; revoked May 1, 1978.)