Workers Compensation - Board Section

1. History
   

   The Workers Compensation Board was established in 1993 to decide appeals of orders and awards from the workers compensation administrative law judges. Hoping to obtain more uniform decisions for injured workers throughout the State, the legislature created the Board to replace the State's district court judges in the appeals process.

2. Primary Functions
   

   The Workers Compensation Board is responsible for the review of decisions appealed from the State's workers compensation judges. All five members of the Board are responsible for deciding all final orders, awards, and modifications of final awards. Review of preliminary hearing awards are decided by a single Board member.

   The Board has the authority to:

   • Grant or deny compensation
   • Increase or diminish any award of compensation
   • Remand any matter to the administrative law judge for further proceedings.

   Decisions from the Board are due within 30 days from the date arguments are presented.

3. Procedures
   

   Filing for review - A request for review must be filed within ten days (excluding weekends and holidays) from the effective date of the administrative law judge's order. A request for review may be mailed or faxed (785-296-8499) to the Board. But if the request for review is faxed, the original document must then be mailed.

   Appeal of final orders, awards, or modifications of awards - The appellant's brief is due 30 days from the date of the Board's notice and the appellee's brief is due 20 days from the date of the appellant's brief. The appellant may submit a reply brief within 10 days.

   After the last brief is due, the case will be reviewed and a decision will be made on whether oral argument is necessary. If the Board finds that oral argument is not necessary, the case will be placed on the summary docket. If oral argument is necessary, a date is set. Notices are then sent notifying the parties as to whether the case has been placed on the summary calendar or whether oral argument will be held. If appropriate, the notice will set forth the date, time and place of hearing.

   Appeal of post award medical and preliminary orders - The appellant's brief is due 10 days from the date of the Board's notice and appellee's brief is due 10 days later. The day following the last brief, the case is deemed submitted to the Board for decision.

4. Appeals to the Court of Appeals and Certification of Record
   

   Any final order of the Board may be appealed to the Court of Appeals. Once the Board issues its order, the administrative file is returned to the Director. The Director's office, not the Board office, is responsible for certifying the record for cases being appealed to the Court of Appeals.

For further information or questions, telephone (785) 296-8484, e-mail elizabeth.watson@dol.ks.gov or visit our site at "http://wcboard.dol.ks.gov/"

Revised June 2004