Bulletin 1998-1

TO: All Insurance Companies and Group-Funded Pools Authorized to Transact Workers Compensation Insurance in Kansas

FROM: Kathleen Sebelius, Commissioner of Insurance

SUBJECT: Informational and Educational Workers Compensation Materials

DATE: January 5, 1998

Please be advised that in accordance with K.S.A. 44-5,101 (b), "No policy or contract of workers compensation insurance, no self-insurance permit, and no renewal of any such policy, contract or permit shall be issued or delivered to an employer of this state unless a copy of the materials prescribed pursuant to subsection (a) accompanies the policy, contract, permit or renewal certificate." The purpose of the material is to provide Kansas employers and employees full and fair information about their rights and responsibilities under the Workers Compensation Act. The failure of an insurer to comply with the aforementioned requirement could be construed as a fraudulent or abusive act contrary to K.S.A. 44-5,120 and, therefore, could be subject to the allowable fine.

Due to amendments to the Workers' Compensation Act, it was necessary to amend the workers' compensation informational brochures K-WC 25 and K-WC 250 to include these changes. In compliance with K.S.A. 44-5,101, the department shall distribute a copy of the revised brochures to all companies authorized to transact workers' compensation insurance in this state and each group-funded self-insurance plan. Therefore, please find enclosed a revised copy of informational brochures K-WC 25 (6-97) and K-WC 250 (6-97) for you to reproduce and distribute as required by law. In addition, the cover page may be modified to include your organization's name and/or logo but the information included in the brochure may not be altered.

If you find it more convenient or cost effective to purchase the informational brochures from other sources, the businesses that have communicated a desire to sell these forms include:

Uniform Printing and Supply, Inc., PO Box 189, Kendallville, IN 46755-0189

Phone # 800-382-2424

Paragon Printing, Inc., 8131 W 10th St., Indianapolis, IN 46214-2431

Phone # 800-790-0510

Additionally, please find enclosed a copy of form K-WC 27 (11-93) and K-WC 270 (Rev. 3-94). Pursuant to K.S.A. 44-5,102 (a), these forms are to be available for an employer to immediately mail or deliver to an injured employee or legal beneficiary. The above printers can also furnish these forms.

Kansas Administrative Regulation 51-13-1 mandates that employers operating under the Workers Compensation Act shall post notices advising employees what to do in case of injury. Notices prepared for this purpose may be obtained from the Department of Human Resources, Division of Workers Compensation by calling 1-(800)-332-0353 or (785) 296-2996 (or Go to Workers Compensation Homepage.) We request that you notify your insured employers of this requirement.

If you have any questions regarding this matter, please contact Dick Cook (785-296-7835) who supervises the Workers Compensation area in the Insurance Department, or one of his staff.

(Corrections to this bulletin were made 01/14/98 per bulletin 1998-1a. Text of this bulletin reflects the corrections.)