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Changes to Kansas Workers Compensation Act – At A Glance

The following changes went into effect on May 15, 2011

Accident: Must be the prevailing factor in causing the injury. K.S.A. 44-508 Arising out of and in the course of employment: Injuries that arise from natural aging process, normal activities of daily living, neutral risks, personal risks, idiopathic causes or non-mandatory social/recreational events do not arise out of and in the course of employment. K.S.A. 44-508

Arising out of and in the course of employment: Injuries that arise from natural aging process, normal activities of daily living, neutral risks, personal risks, idiopathic causes or non-mandatory social/recreational events do not arise out of and in the course of employment. K.S.A. 44-508

Attorney Fees: Employer and insurance carrier not liable for post-award attorneys fees if additional compensation denied and it is determined that attorney engaged in frivolous prosecution of claim. K.S.A. 44-536

Average weekly wage: additional compensation now includes employer-paid disability benefits when such benefits are terminated. Compute AWW by averaging earnings over 26 week period preceding accident. See statute for changes regarding multiple employment, volunteers, community service workers and civil air patrol. K.S.A. 44-511

Body as a whole: includes multiple scheduled injuries. K.S.A. 44-510e

Credit for pre-existing functional impairment: P.P.D., work disability and P.T.D. awards shall be reduced by pre-existing functional impairment. K.S.A. 44-501

Credit for retirement benefits: benefits reduced by weekly equivalent of all retirement benefits, less portion attributable to contributions made by employee. K.S.A. 44-501

Drugs and alcohol: employer not liable when injury is contributed to by employee

Mailing Address:
PO Box 171855
Kansas City, KS. 66117-0822

Office Address:
Historic Strawberry Hill
417 N. 6th Street
Kansas City, KS. 66101

P: 913.371.5750 or 913.281.3828
F: 913.713.0065

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