Workers Compensation FAQs

The Kansas Department of Labor Workers Compensation Division is responsible for the administration of the Kansas Workers Compensation laws and rules. The division focuses on ensuring employees injured at work, employers, health care providers and insurance carriers receive timely, impartial and fair claim resolution.
 

Appeals Board

When must a request for review be filed with the Board?

A request for review must be filed within 10 days from the effective date of the Administrative Law Judge (ALJ) order. The 10 days are counted as follows; The day after the decision is rendered is the effective date even if it falls on a Saturday. Then count 10 days excluding Saturday, Sunday and/or holidays. Thus, if a decision is rendered by the ALJ on Friday, the effective date is Saturday. Do not count Sunday. Start counting on Monday and then exclude the next Saturday and Sunday. Your request for review would then be due on the following Friday.

What information must be included in the request for review?

The case caption should include:

  • Case number
  • Claimant's name
  • Respondent's name 
  • Respondent's insurance carrier

If multiple respondents or insurance carriers, please note who represents each respondent or carrier.

The body of the request should state the ALJ's name and the date of the order. It should also state the issue(s) that you are appealing. 

How do I file a request for review?

Please refer to pages 45-46 of the OSCAR Training Manual. Each regional office follows the same submission process. If you fax the request, you must still mail five copies to the division’s office.

I filed a request for review of a final order or award, now what?

When a request for review of an award has been filed with the division through OSCAR, a briefing schedule and hearing date notice is emailed by the Board to all parties. Appellant has 30 days from the date the application is processed in which to file a brief. The appellee(s) has (have) 20 days to file a brief thereafter. The appellant has 30 days from the date the application is filed to file a brief. Once the briefing schedule is established and a hearing date is scheduled, the appeals board will review the case and determine whether an oral argument is necessary.

If the Board finds that oral argument is not necessary, the case will be placed on the summary docket and a notice will be sent to all parties. Cases not set for oral argument will be deemed submitted the day after the last brief is due. 

Oral argument may be held in person or by telephone conference. The most convenient way to reschedule an oral argument is to call the Board office at (785) 296-4000 for a list of dates/times that are available. Once a date is agreed upon between the party and opposing counsel, notify the board office. A second notice will be mailed by the board confirming the change. Please remember, we schedule several months ahead of time.

I filed a request for review of a Preliminary Hearing Order. Now what?

Once a request for review of a Preliminary Hearing Order is filed with the Board, the Board will mail an acknowledgement of the application and briefing schedule to all parties. The appellant has 10 days from the date the application is filed to file a brief. Once the brief is filed, the appellee has 10 days to respond. The case then goes to a Board member to draft a decision for Board review. Reviews of preliminary orders are conducted without oral argument. 

General Information:

Post Award Medical: For purposes of review, appeals will follow the same procedure as final hearing orders.

Final Orders: For the purposes of review, the procedure for final orders will be the same as for preliminary orders.

Two or More Parties Requesting Review of an Award: If two or more parties request review of an award/order, the party who filed first is the appellant and all others are appellees.

Briefs: Briefs may be in letter form. If relying on the submission letter to the ALJ, please reference that in your brief.   Briefs should be uploaded under the AP number assigned to the appeal at the time the application is filed.

Extensions: Extensions to file briefs are not favored. However, the Board will issue an extension for up to 10 days on the first request. The request should be in written form uploaded to OSCAR under the AP number Motion to Board - Extension of time to file brief.

Dismissal of Case/ Case Settled or Resolved: When a case has settled or the issues are resolved, please notify the Board immediately. A letter will then be sent from the Board requesting that an agreed order of dismissal to be prepared and signed by all parties. The order should be prepared for signature by three Board members.

Certification of Record to Appellate Courts: Supreme Court Rule 9.04 gives responsibility for certification of the record for cases being appealed to the Court of Appeals/Supreme Court to the Director.