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LeadingAge Kansas
217 SE 8th Avenue, Topeka, KS 66603
1.800.264.5242
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![]() Welcome to the KING Website!Welcome to the KING website! The website has been designed to provide useful information and tools for workers compensation / risk management in elder care organizations. Members of KING have access to a “Members Only” section that will require their user I.D. and password. Please take a moment to become familiar with the website. If you have any difficulties or have suggestions or questions, please give us a call. Thanks for visiting and please have a safe day! What's New?
OSHA Update
New Workers Compensation Posting Requirement
New KING Resources Available
Workers Compensation Reform Passes! The final bill did include some changes to the original version but all the primary reforms remain intact. Major reforms in the bill include: 1. Work disability calculation – The language in the bill will overturn the “Bergstrom” court ruling. Wage loss will be defined as the difference between the average weekly wage the worker was earning at the time of the injury and the average weekly wage the worker IS CAPABLE OF EARNING after the injury. An appropriate post-injury wage may be imputed to a worker who is not employed, based on his wage-earning capability. If an employee is working, the wage the worker is actually earning will be presumed to be the post-injury wage the worker is capable of earning. 2. Prevailing Factor Test--In order to be compensable, the work accident must be the prevailing factor relative to the injury or disability claimed. An accident will no longer be compensable just because it aggravates, accelerates or exacerbates a pre-existing condition. Rather, it will have to be the Prevailing--meaning primary--factor relative to injury and disability. 3. Future Medical--Instead of Future Medical being left open automatically as occurs now, the Claimant will have to prove it is more probable than not that future medical treatment will be necessary. Further, if future medical is awarded, and then there is a two year gap from the date of the Award or from the date of last treatment from an authorized provider, during which the claimant receives no medical treatment from an authorized provider, the Employer can seek a Hearing to permanently terminate future medical benefits. 4. Average Weekly Wage --The current calculation for Average Weekly Wage for Full Time Hourly Employees will change from the artificial standard that has allowed workers to multiply their hourly rate by 40, whether they work 40 hours or not. Under the new standard we will look at the 26 weeks of earnings, including bonuses and overtime, prior to date of accident for both full and part-time workers, and average the earnings. 5. Bilateral Parallel injuries will return to (pre-Casco court ruling) status as Body as a Whole Injuries. 6. New caps will be in place--Death Benefits $300,000. Permanent Total Benefits-- $155,000. Permanent Partial Benefits--$130,000. Functional Impairment-- $75,000. View a sample of the KING Star Video here.
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KING is a group-funded workers compensation pool formed under Kansas statute 44-581. KING's formation began in the late 1980's in response to members' need when faced with shrinking insurance options and soaring worker compensation premiums. |
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