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 9  AN ACT concerning the workers compensation board; relating to assess-
10    ments thereby; amending K.S.A. 1996 Supp. 44-566a and repealing
11    the existing section.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 1996 Supp. 44-566a is hereby amended to read as
15  follows: 44-566a. (a) There is hereby created in the state treasury the
16  workers compensation fund. The commissioner of insurance shall be re-
17  sponsible for administering the workers compensation fund, and all pay-
18  ments from the workers compensation fund shall be upon warrants of the
19  director of accounts and reports issued pursuant to vouchers approved
20  by the commissioner of insurance or a person or persons designated by
21  the commissioner. The commissioner of insurance annually shall report
22  to the governor and the legislature the receipts and disbursements from
23  the workers compensation fund during the preceding fiscal year.
24    (b) (1)  On June 1 of each year, the commissioner of insurance shall
25  impose an assessment against all insurance carriers, self-insurers and
26  group-funded workers compensation pools insuring the payment of com-
27  pensation under the workers compensation act, and the same shall be due
28  and payable to the commissioner on the following July 1, the proceeds of
29  which shall be credited to the workers compensation fund. The total
30  amount of each such assessment shall be equal to an amount sufficient,
31  in the opinion of the commissioner of insurance, to pay all amounts, in-
32  cluding attorney fees and costs, which may be required to be paid from
33  such fund during the current fiscal year, less the amount of the estimated
34  unencumbered balance in the workers compensation fund as of the June
35  30 immediately preceding the date the assessment is due and payable
36  under this section. The total amount of each such assessment shall be
37  apportioned among those upon whom it is imposed, such that each is
38  assessed an amount that bears the same relation to such total assessment
39  as the amount of money paid or payable in workers compensation claims
40  total premiums collected by such insurance carrier, self-insurer or group-
41  funded workers compensation pool in the immediately preceding calen-
42  dar year bears to all such claims paid or payable premiums collected during
43  such calendar year and the commissioner shall develop an appropriate
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 1  assessment method to ensure self-insurers pay their apportioned share.
 2  The commissioner of insurance may establish experience-based rates of
 3  assessments under this subsection and make adjustments in the assess-
 4  ments imposed under this subsection based on the success of accident
 5  prevention programs under K.S.A. 44-5,104 and amendments thereto and
 6  other employer safety programs.
 7    (2)  The commissioner of insurance shall remit all moneys received
 8  by or for such commissioner under this subsection to the state treasurer.
 9  Upon receipt of any such remittance the state treasurer shall deposit the
10  entire amount thereof in the state treasury to the credit of the workers
11  compensation fund.
12    (c) (1)  Whenever the workers compensation fund may be made lia-
13  ble for the payment of any amounts in proceedings under the workers
14  compensation act, the commissioner of insurance, in the capacity of ad-
15  ministrator of such fund, shall be impleaded in such proceedings and shall
16  represent and defend the workers compensation fund. The commissioner
17  of insurance shall be deemed impleaded in any such proceedings when-
18  ever written notice of the proceedings setting forth the nature of the
19  liability asserted against the workers compensation fund, is given to the
20  commissioner of insurance. The commissioner of insurance may be made
21  a party in this manner by any party to the proceedings. A copy of the
22  written notice shall be given to the director and to all other parties to the
23  proceedings.
24    (2)  The administrative law judge shall dismiss the workers compen-
25  sation fund from any proceeding where the administrative law judge has
26  determined that there is insufficient evidence to indicate involvement by
27  the workers compensation fund.
28    (3)  In any case in which the workers compensation fund has been
29  impleaded, if the liability of the fund has not been established within five
30  years of the date of the employee filing a written notice of claim, the
31  commissioner of insurance may cause to be filed with an administrative
32  law judge a motion to dismiss the fund from the case. The administrative
33  law judge shall notify counsel of record not less than 10 days prior to
34  issuing any order dismissing the fund from a case. The administrative law
35  judge shall dismiss the fund from any such case absent a showing by one
36  of the parties that the case should be left open due to medical necessity
37  or other just cause.
38    (d)  The commissioner of insurance, in the capacity of administrator
39  of the workers compensation fund, may make settlements of any amounts
40  which may be payable from the workers compensation fund with regard
41  to any claim under the workers compensation act, subject to the approval
42  of the director.
43    (e)  The workers compensation fund shall be liable for:
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 1    (1)  Payment of awards to handicapped employees in accordance with
 2  the provisions of K.S.A. 44-569 and amendments thereto for claims aris-
 3  ing prior to July 1, 1994;
 4    (2)  payment of workers compensation benefits to an employee who
 5  is unable to receive such benefits from such employee's employer under
 6  the conditions prescribed by K.S.A. 44-532a and amendments thereto;
 7    (3)  reimbursement of an employer or insurance carrier pursuant to
 8  the provisions of K.S.A. 44-534a and amendments thereto, subsection (d)
 9  of K.S.A. 44-556 and amendments thereto, subsection (c) of K.S.A. 44-
10  569 and amendments thereto and K.S.A. 44-569a and amendments
11  thereto;
12    (4)  payment of the actual expenses of the commissioner of insurance
13  which are incurred for administering the workers compensation fund,
14  subject to the provisions of appropriations acts; and
15    (5)  any other payments or disbursements provided by law.
16    (f)  If it is determined that the workers compensation fund is not liable
17  as described in subsection (e), attorney fees incurred by the workers com-
18  pensation fund may be assessed against the party who has impleaded the
19  workers compensation fund other than impleadings pursuant to K.S.A.
20  44-532a and amendments thereto.
21    (g)  The commissioner of insurance shall provide for the implemen-
22  tation of the workers compensation fund as provided in this section and
23  shall be responsible for ensuring the fund's adequacy to meet and pay
24  claims awarded against it.
25    Sec. 2.  K.S.A. 1996 Supp. 44-566a is hereby repealed.
26    Sec. 3.  This act shall take effect and be in force from and after its
27  publication in the statute book.