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Martens Work Comp Law >  Kansas News
04 May
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2020 and 2021 Kansas Work Comp Law Update

Posted by Kim R. Martens
in Law Update
Court House

2020 AND 2021 Kansas Legislature:  There were no substantive Kansas work comp legislative changes of import in 2020 or 2021. Constitutionality of Statute Requiring Use of AMA Guidelines 6th Ed. – Johnson case decision issued by the Kansas Supreme Court:  On January 8, 2021 the Kansas Supreme Court issued its much-anticipated decision reversing an August 2018 decision of the Kansas Court of Appeals that had struck down as unconstitutional the use of the 6th Edition of the AMA Guides to the Evaluation of Permanent Impairment, for measuring permanent impairment of injured workers under the Kansas Workers Compensation Act.  Finding the...

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14 September
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2019 Kansas Work Comp Law Update

Posted by Kim R. Martens
in Law Update
Court House

2019 Kansas Legislature:  There were no substantive Kansas work comp legislative changes in 2019. Constitutionality of Statute Requiring Use of AMA Guidelines 6th Ed. – Johnson case pending before the Kansas Supreme Court:  As of August 1, 2019, the Kansas Supreme Court is considering an appeal from a decision by the Kansas Court of Appeals which issued a broad constitutional rejection of Kansas’ use of the AMA Guides to the Evaluation of Permanent Impairment 6th Edition to determine permanent partial functional impairment in Kansas work comp cases. In Johnson v. U.S. Food Serv., 56 Kan. App. 2d 232, 427 P.3rd 996 (2018),...

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03 October
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2018 Kansas Work Comp Law Update

Posted by Kim R. Martens
in Law Update
Court House

2018 Kansas Legislature.  The 2018 Kansas legislature enacted several substantive workers compensation law changes related to death benefit claims.  Highly summarized, while the overall $300,000.00 death benefit cap remains, key death benefit statute changes include:  1) the funeral benefit cap was increased from $5,000.00 to $10,000.00; 2) the up-front lump sum payment increases from $40,000 to $60,000.00; 3) clarification of statutory language regarding cut off of payments to minor dependent children when still in high school; 4) increase in caps for dependents, if any, where employee leaves no legal spouse or dependent children; and 5) increase in allowable Conservator expenses...

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01 January
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2015 Kansas Workers Compensation Law Update

Posted by Kim R. Martens
in Law Update

NEW - Kansas Workers Compensation Claim Triage. What Is Kansas Work Comp Claim Triage? Kansas work comp claim triage is a new proactive approach for employers, carriers and TPAs in Kansas to act immediately upon receipt of notice of a work injury to utilize 2011 Kansas reform laws more effectively and to identify “red flag” claims for enhanced attention and action. There are actions Kansas employers, carriers and TPAs can proactively take to utilize and apply 2011 reform law provisions which are not available in other states. Kansas employers need to know about these proactive actions available to them and they...

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11 July
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July 11, 2012 Kansas Workers Compensation Law Update

Posted by Kim R. Martens
in Law Update
Court House

Final Results Of The 2012 Kansas Legislative Session. The final results of the 2012 Kansas legislative session were no substantive or significant changes to the Kansas Workers Compensation Act. Our 2011 pro-employer reform laws remain in place and are starting to take hold with great results for employers. Summary Of A Few Of The Significant 2011 Pro-Employer Kansas WC Law Reforms: To be a compensable work accident, there must be an undesigned, sudden and unexpected traumatic event, identifiable by time, and place of occurrence, and must produce at the time of the accident, symptoms of injury and must occur on a single work...

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Martens Work Comp Law, LLC is a client-centered Kansas law firm focused on the defense of workers compensation matters at all levels by utilizing proactive, early claim assessment and the implementation of creative claim settlement strategies.

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