May 15, 2018

KS Insurance Department Closing Backlog of Workers’ Comp Cases

Topeka, KS – The Kansas Workers’ Compensation Fund, administered by the Kansas Insurance Department (KID), has closed more than 2,000 unresolved workers compensation cases during the past two-and-a-half years, according to Ken Selzer, CPA, Kansas Commissioner of Insurance.

“Our legal division has worked hard to reduce costs to the State of Kansas by finding a resolution to more than 2,000 of its workers compensation cases, some dating back to 1985,” Commissioner Selzer said. “These 2,000 cases represent more than half of the open files of the Workers Compensation Fund.”

The Fund resolution team, headed by Grace Lancaster, staff attorney; and assisted by Debbie Johnson, legal assistant, has closed the backlog by seeking dismissal of cases, modification of claims, or settling cases outright.

The Workers’ Compensation Fund, formed in 1993, provides swift recovery to employees affected by workplace injuries in situations where the employer does not have insurance and is unable to pay the claim.

If an administrative law judge finds that the case is valid; that the employee was uninsured at the time of the accident; and that the employer is unable to pay expenses related to the injury, then the Fund will begin to make payments, upon order from the court. Afterward, the Fund may seek
reimbursement from the employer in a separate civil action.

In addition to the uninsured employer cases, the Workers Compensation Fund has assumed liability over Second Injury Fund cases. The Second Injury Fund law, which was repealed in 1993, was enacted to encourage employers to hire people with previous injuries or disabilities.

Currently, Second Injury Fund cases continue to make up 57 percent of the open Workers’ Compensation Fund cases and are the focus of the fund’s efforts to lower its caseload.

“I am pleased with our department’s efforts to defray legal costs and provide efficient state government to Kansans,” Commissioner Selzer said.

Source: KID

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