Kansas Statutes

Chapter 74: State Boards, Commissions And Authorities

Article 7: Director Of Workers Compensation; Administrative Activities

Statutes:

• 74-701:
• 74-702:
• 74-703:
• 74-704:
• 74-705:
• 74-706 to 74-709:
• 74-710:
• 74-711: Availability of records maintained for administration of employment security law; order requiring employers to file statement of insurance, qualify as self-insurers or members of group-funded workers' compensation pools; failure to comply; injunction; procedure.
• 74-712: Worker's compensation law, expense of administration; estimate; determination by legislature; proration among insurance carriers, self-insurers and group-funded workers' compensation pools; duties of director.
• 74-713: Same; collection of proportionate amounts; rules and regulations; maximum amount; penalty for nonpayment.
• 74-714: Same; failure to pay assessment more than 60 days after notice; suspension or revocation of carrier's authority, when; forfeiture of bond by self-insurer; suspension or revocation of group-funded workers' compensation pool's certificate of authority.
• 74-715: Same; workmen's compensation fee fund; disposition of moneys received by director.
• 74-716: Same; reports of compensation payments to director, when.
• 74-717: Same; rules and regulations.
• 74-718: Same; no charges or expenses until July 1, 1962.
• 74-719: Judicial review of director's actions.

• 74-701:

        History:   L. 1920, ch. 29, § 1; R.S. 1923, 74-701; Repealed, L. 1925, ch. 258, § 10; March 19.

• 74-702:

        History:   L. 1923, ch. 5, § 1; R.S. 1923, 74-702; Repealed, L. 1925, ch. 258, § 10; March 10.

• 74-703:

        History:   R.S. 1923, 74-703; Repealed, L. 1925, ch. 258, § 10; March 10.

• 74-704:

        History:   L. 1929, ch. 258, § 1; Repealed, L. 1939, ch. 294, § 7; June 1.

• 74-705:

        History:   L. 1929, ch. 183, § 1; Repealed, L. 1939, ch. 294, § 7; June 1.

• 74-706 to 74-709:

        History:   L. 1929, ch. 258, §§ 2, 3, 4, 6; Repealed, L. 1939, ch. 294, § 7; June 1.

• 74-710:

        History:   L. 1939, ch. 294, § 6; L. 1947, ch. 396, § 1; L. 1951, ch. 305, § 4; L. 1953, ch. 365, § 1; L. 1955, ch. 250, § 16; L. 1961, ch. 243, § 7; L. 1965, ch. 458, § 6; L. 1967, ch. 443, § 6; L. 1969, ch. 246, § 4; L. 1974, ch. 203, § 56; Repealed, L. 1976, ch. 370, § 104; July 1.

• 74-711: Availability of records maintained for administration of employment security law; order requiring employers to file statement of insurance, qualify as self-insurers or members of group-funded workers' compensation pools; failure to comply; injunction; procedure. The records of the secretary of labor, compiled and maintained for administration of the employment security law, shall be made available to the director of workers' compensation for comparison with respect to matters of payroll, payroll tax, number and type of employees of all employers doing business in the state of Kansas who have not qualified as self-insurers or group-funded workers' compensation pools and who have not filed statements of insurance with the director of workers' compensation. The director shall order employers coming under this act and who have not qualified as self-insurers or group-funded workers' compensation pools and who have not filed a statement of insurance as provided by this act to so qualify or to file such statement or to cease doing business in the state of Kansas within a period to be set by the director but not less than 10 days from the date of the order.

        In the event that such an employer fails to comply with the order of the director of workers' compensation issued as provided in this section, the attorney general or the district attorney or county attorney of any county in which such employer is doing business shall prepare and file in the district court of any county in which such employer is doing business a petition in the name of the state signed and verified by the director of workers' compensation, and asking that such employer be enjoined from doing business in this state for such period of time as the director may deem proper and until such employer has complied with the workers' compensation law, and the district court shall have jurisdiction and venue to enter its order without requiring bond or evidence to be filed or presented. In all other respects such action shall be governed by the laws governing civil procedure.

        History:   L. 1961, ch. 243, § 6; L. 1976, ch. 370, § 85; L. 1983, ch. 166, § 17; L. 2004, ch. 179, § 98; July 1.

• 74-712: Worker's compensation law, expense of administration; estimate; determination by legislature; proration among insurance carriers, self-insurers and group-funded workers' compensation pools; duties of director. The expense of the administration of the workers' compensation law shall be financed in the following manner:

        (a)   The director of workers' compensation shall estimate as soon as practicable after January 1 of each year the expenses necessary for the administration of the workers' compensation law for the fiscal year beginning on July 1 thereafter. Such estimate shall be provided to the legislature, and the legislature shall determine the amount of administrative expense to be obtained under the provisions of this act from workers' compensation insurance carriers, self-insurers and group-funded workers' compensation pools and the amount of such expense to be obtained from other sources; such carriers' and self-insurers' and group-funded workers' compensation pools' share of such expense shall be called "carrier's share of expense";

        (b)   the carrier's share of expense, as determined in subparagraph (a) hereof, shall be prorated among the insurance carriers writing workers' compensation insurance in the state, self-insurers and group-funded workers' compensation pools.

        The director shall determine the total amount of benefit payments made pursuant to the workmen's compensation act, paid out as a result of injuries received in the state of Kansas for the immediately preceding calendar year, and the director's determination shall be conclusive. The director shall list the amount of workers' compensation benefits paid as a result of injuries received in the state of Kansas and paid by each workers' compensation insurance carrier, self-insurer and group-funded workers' compensation pool during such period.

        History:   L. 1961, ch. 244, § 1; L. 1976, ch. 370, § 86; L. 1979, ch. 156, § 16; L. 1983, ch. 166, § 18; July 1.

• 74-713: Same; collection of proportionate amounts; rules and regulations; maximum amount; penalty for nonpayment. The director shall provide by regulation for the collection of each carrier's, self-insurer's and group-funded workers' compensation pools' proportionate amount of the carrier's share of expense. The maximum amount which shall be collected from any carrier, self-insurer or group-funded workers' compensation pool shall be 3% of the workers' compensation benefits paid by such carrier, self-insurer or group-funded workers' compensation pool as listed by the director. Such amounts shall be paid within 30 days from the date that notice is served upon such carrier, self-insurer or group-funded workers' compensation pool. If such amounts are not paid within such period, the director may assess a civil penalty equal to 10% of the amount so unpaid for each 30 days the liability remains due and unpaid, and such civil penalty shall be collected at the same time and as a part of the original amount as determined by the director under the terms of this act. Upon assessment, if the total dollar amount due is $10 or less, the amount due is waived.

        History:   L. 1961, ch. 244, § 2; L. 1983, ch. 166, § 19; L. 1997, ch. 125, § 21; July 1.

• 74-714: Same; failure to pay assessment more than 60 days after notice; suspension or revocation of carrier's authority, when; forfeiture of bond by self-insurer; suspension or revocation of group-funded workers' compensation pool's certificate of authority. If any carrier fails to pay the amounts assessed by the director as provided in this act for a period of more than 60 days from the time notice of such amount is first served to such carrier, the director shall make a verified report to the commissioner of insurance, who may suspend or revoke the authorization of such carrier to do business in the state. If any self-insurer fails to pay the amounts assessed by the director as provided in this act for a period of more than 60 days from the time notice of such amount is first served to such self-insurer, the self-insurer shall forfeit such self-insurer's bond. The director may set aside such forfeiture if the amount is paid. If any group-funded workers' compensation pool fails to pay the amounts assessed by the director as provided in this act for a period of more than 60 days from the time notice of such amount is first served to such pool, the director shall make a verified report to the commissioner of insurance, who may suspend or revoke such pool's certificate of authority.

        History:   L. 1961, ch. 244, § 3; L. 1983, ch. 166, § 20; July 1.

• 74-715: Same; workmen's compensation fee fund; disposition of moneys received by director. There is hereby created in the state treasury a fund to be called the workmen's compensation fee fund. The workers compensation director shall remit all moneys received by or for such director from fees, charges or penalties which prior to the effective date of this act was required by law to be credited to the workmen's compensation fee fund to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Twenty percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the workmen's compensation fee fund. All expenditures from the workmen's compensation fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the workmen's compensation director or by a person or persons designated by the director.

        History:   L. 1961, ch. 244, § 4; L. 1975, ch. 440, § 2; L. 2001, ch. 5, § 300; July 1.

• 74-716: Same; reports of compensation payments to director, when. The director may require from each workers' compensation insurance carrier, self-insurer or group-funded workers' compensation pool, at such time and in accordance with regulations of the director, reports of all payments of compensation made by such workers' compensation insurance carrier, self-insurer or group-funded workers' compensation pool during any period.

        History:   L. 1961, ch. 244, § 5; L. 1983, ch. 166, § 21; July 1.

• 74-717: Same; rules and regulations. The director is authorized to establish rules and regulations to carry out the provisions of this act.

        History:   L. 1961, ch. 244, § 6; June 30.

• 74-718: Same; no charges or expenses until July 1, 1962. No charges, amounts or expenses shall be charged to workmen's compensation insurance carriers or self-insurers under K.S.A. 74-712 to 74-717, inclusive, and 74-719 until July 1, 1962, but in all other respects such sections shall be in effect as and when provided in section 11 [*] of this act.

        History:   L. 1961, ch. 244, § 8; June 30.

• 74-719: Judicial review of director's actions. Any action of the director of workers' compensation pursuant to K.S.A. 74-712 through 74-718, and amendments thereto, is subject to review in accordance with the act for judicial review and civil enforcement of agency actions.

        History:   L. 1961, ch. 244, § 9; L. 1983, ch. 166, § 22; L. 1986, ch. 318, § 131; July 1.