Kansas Senate Bill SB430

Kansas 2023-2024 Regular Session

• Introduced: 1/31/24
• Refer: 2/1/24
• Report Pass: 2/7/24
• Engrossed: 2/21/24
• Refer: 2/21/24
• Report Pass: 2/29/24
• Enrolled: 4/5/24
• Passed: 4/25/24

Caption

Providing workers compensation act coverage for the Kansas national guard, limiting benefit reductions for retirement benefits, increasing dependents death benefits, reducing certain functional impairment requirements, increasing compensation for certain disability categories and for treatment without authorization, raising the evidentiary standard for future medical treatment, limiting certain procedures for post-award medical benefit claims, allowing benefit payment by funds transfer or payment cards, establishing procedures for neutral healthcare examinations, exchanges and admission of medical reports, extending employee injury notification deadlines, eliminating the deadline for motions to avoid dismissal for lack of prosecution, providing for expedited settlement and digital recording of hearings and other changes to the workers compensation act.

Impact

The bill seeks to amend several sections of the current workers compensation laws to improve the benefits for dependents following the death of an employee, as well as adjust compensation rates for various disability categories. Notably, it aims to ensure that awards are not reduced based on pre-existing retinal conditions and introduces an annual adjustment mechanism for maximum compensation based on the state's average weekly wage. By expanding the provisions for lump-sum settlements, the bill is intended to streamline the claim process for injured workers and their families, potentially alleviating delays in financial support.

Summary

Senate Bill 430 is a proposed legislation aimed at reforming the workers compensation act in Kansas, with a focus on providing specific benefits and coverage for members of the Kansas national guard. The bill outlines procedures for additional compensation, modifies the way benefits are calculated, and introduces new provisions for the treatment of employees' injuries, including the conditions under which medical treatment costs can be covered. The bill's impact on existing laws revolves around enhancing the rights and benefits available to military personnel under the state's workers compensation framework, significantly altering their access to medical and financial support in the event of work-related injuries.

Sentiment

The sentiment regarding SB 430 appears to be largely supportive among legislators who emphasize the importance of protecting the rights of national guard members and enhancing their compensation and benefits. Supporters argue that the bill represents a significant step in recognizing the unique sacrifices made by these individuals. However, there are concerns from some stakeholders regarding the financial implications for employers and the potential increase in workers compensation costs due to expanded benefits. The discussion reflects a balance between ensuring adequate protection for workers and managing the economic factors associated with enhanced coverage.

Contention

One area of contention within SB 430 is the proposed increase in maximum liability limits for employers concerning various disability compensations, ranging from temporary total disability to permanent total disability. Additionally, the requirement that certain medical evaluations and treatment approvals follow strict procedural guidelines has raised eyebrows, with some arguing that it may deter timely access to necessary medical care for injured employees. The bill's changes regarding the calculation of average weekly wages and compensation based on adjusted rates prompt discussions about fairness and ensure that benefits keep pace with living costs in Kansas.