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Board Frequently Asked Questions
The 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 throughout the state, the Legislature created the Board to replace the state's district court judges in the appeal process.
Current Board Members
(effective January 1, 2021)
Rebecca Sanders (Chair)
John F. Carpinelli
Seth G. Valerius
William G. Belden
Chris A. Clements
The Board conducts de novo review of decisions. Review is on the record. All five Board members decide final orders, awards and modifications of final awards. Review of preliminary hearing orders 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.
A request for review must be filed within 10 days (excluding weekends and holidays) from the effective date of the administrative law judge's decision. A request for review should be filed in OSCAR. If the request for review is faxed, the original document must be retained in the party's possession or control during the pendency of the action, and shall produce this document upon request by the division, an administrative law judge, the board or any party to the action. Upon failure to produce such document, the fax may be stricken and the party may be subject to sanctions under K.S.A. 44-5,120(d)(20) as amended. K.A.R. 51-17-2(d).
Appeal of final orders, awards or modifications of awards
The appellant's brief is due 30 days from the date the application is filed 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. The parties must provide five copies of each pleading filed.
At the time the briefing schedule is established and a hearing date scheduled, 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 may be referred to mediation and/or will be placed on the summary docket and a notice sent to all parties.
Appeal of post award medical and preliminary orders
The appellant's brief is due 10 days from the date the application is filed 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. Again, the parties must provide five copies of each pleading filed.
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 is responsible for certifying the record for cases being appealed to the Court of Appeals.