PROGRAM OPERATIONS MANUAL SYSTEMPart DI – Disability InsuranceChapter 521 – Workers' Compensation/Public Disability Benefit (WC/PDB) OffsetSubchapter 20 – State Specific Workers' Compensation (WC) ProceduresTransmittal No. 18, 11/05/2018
This is a minor update to Kansas WC POMS to include a reminder to check available online resources for WC payment information in DI 52140.020.
This is a Quick Action Transmittal (QAT). This revision does not change or introduce new policy or procedures.
Summary of Changes
DI 52120.095 Kansas Workers' Compensation (WC)
Subsection F.3rd paragraph.
The Division of Workers' Compensation of the Department of Labor administers Kansas WC. WC is provided through private carriers but employers can self-insure.
Kansas law regarding WC payments is found in K.S.A. 44, Article 5 and 5a, and Regulations 51. All periodic payments are subject to the state maximum and minimum amounts. The maximum amount is based on the date of injury; the minimum WC payment is $25 per week.
An individual who was partially disabled but whose injury is not covered by the ‘schedule’ (as described below) receives the greater of the following: the percentage of functional impairment (PP General Disability) or TP. Individuals earning 90 percent of their pre-injury wage are limited to functional impairment WC.
Payment is based on 66.6667 percent of the difference between the individual’s average gross weekly wage before and after the injury. TP is paid until the wage loss is no longer present, or the benefit maximum of $100,000.00 is reached, whichever comes first.
Although TT is paid for the duration of the disability, it is limited to a maximum of $100,000.00. The number of weeks of TT paid is deducted from the allowable number of weeks of PP awarded for both ‘scheduled’ and ‘general’ disability.
PT is paid for the duration of the disability, up to a maximum of $125,000.00. If the individual’s condition improves, PT may be followed by PP General Disability.
This PP is paid when the individual sustains complete or partial loss of use of a body part, such as an arm. Compensation is based on 66.6667 percent of the individual’s average gross weekly wage (or a percentage of that amount for only partial loss of use) and is limited to a certain number of weeks as determined by law (K.S.A. 44-510d) and referred to as the ’schedule.’ An additional ‘healing period’ of 10 percent of the schedule or partial schedule (limited to 15 weeks) may be granted in cases of amputation.
This PP is paid when the employee sustains permanent partial disability not specifically covered by the schedule. Compensation is based on 66.6667 percent of the individual’s average gross weekly wage times the percentage of disability remaining after recovery (referred to as ‘functional impairment’). It is limited to 415 weeks and cannot exceed $50,000.00.
Kansas law requires that compensation be paid for permanent disability by the week until paid in full unless all parties agree to a lump sum payment to close the claim. The settlement must be in best interests of the individual, and must be filed with the WC Court in order to be binding.
Kansas does not provide COLAs on its WC.
Attorney fees are limited to 25 percent. Only attorneys are allowed to represent claimants.
Generally Kansas offsets WC payments dollar for dollar for receipt of RIB.
INJURY: The individual must file a written claim with his employer within 200 days of the date of injury (or receipt of last payment of WC or medical treatment).
OCCUPATIONAL DISEASE: The individual must file a written claim with his employer within one year of onset of disability from an occupational disease
APPEAL: The individual must file for a hearing within 3 years of injury, or within 2 years of last payment of WC or medical treatment.
Carriers are the best source of information.
Once you are certain the WC evidence is not already in file, check the Workers' Compensation (WC) Resource page in DI 52140.020 to see if that State is one that provides SSA with access to its online records. The value of online records can vary from State to State and some development may still be required. However, the sites available usually provide contact information for the employer, WC carrier or the WC attorney, which can jump-start the development process. Also included in the WC resources intranet site is a list of individuals in the PC with online access to those individual State records.
WC records are maintained by the Kansas Workers Compensation Court. However, as their Division of WC does not require carriers to provide records of periodic payments, only limited payment information is available. Their records do contain information regarding the employer and carrier. Designated personnel in ODO, MAMPSC, and Kansas FOs have access to these records.
Little payment information can be obtained from WC forms other than Settlement Agreements.
K-WC Form D, Settlement Agreement - Final Receipt and Release of Liability: http://www.dol.ks.gov/WC/doc/kwcFormD.pdf
K-WC 12, Work Sheet for Settlements – Injury: http://www.dol.ks.gov/WC/doc/kwc12.pdf
K-WC 15, Written Claim for Compensation: http://www.dol.ks.gov/WC/doc/kwc15.pdf
K-WC 160, Statement Regarding Attorney Fees: http://www.dol.ks.gov/WC/doc/kwc160.pdf
Kansas Division of WC: http://www.dol.ks.gov/WorkComp/Default.aspx
Chart of Maximum WC Rates: http://www.dol.ks.gov/WorkComp/current.aspx
PR 01-087 Request for Legal Opinion on the Effect of a "nunc pro tunc" order in a Kansas Case Involving Workers Compensation Offset (regarding the correction of a prior LS Settlement) PR 02505.019
Kansas WC Law and Regulations: http://www.dol.ks.gov/Files/PDF/LawsRegs.pdf .