Legal Question in Workers Comp in Kansas

Re: Back Injury

Kansas law starts with the premise that a workers' compensation claimant can be reimbursed up to a maximum of $500.00 by the workers' compensation insurance carrier or self-insured respondent for unauthorized medical treatment if the treatment provider does not issue an impairment rating.

So, if a claimant has other bills, the question becomes whether the related treatment was authorized, either expressly or by default. For example, true emergency care is normally considered authorized, even though the insurance carrier and respondent did not have any opportunity to authorize it.

On the other hand, if an extended course of therapy is undertaken without referral by the company doctor, such treatment will likely be considered unauthorized. That is because the claimant had the opportunity to seek an order from the court directing such treatment. That is done through the Preliminary Hearing process. If the claimant chooses not to seek pre-approval for the treatment by way of Preliminary Hearing, those charges are incurred at the claimant's own risk. That problem is compounded by the fact that the claimant's health insurance company may deny the charges because the claimant relates the injuries to a work-related accident.

The best course of action is to consult an experienced workers' compensation lawyer, and get an Order from the workers' compensation judge before expensive treatment is undertaken.

For more information, consult the workers' compensation sections of the Ankerholzsmith website.