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![handle is hein.sag/sagks0003 and id is 1 raw text is: January 15, 2004
ATTORNEY GENERAL OPINION NO. 2004-1
A. J. Kotich, General Counsel
Kansas Department of Human Resources
800 SW Jackson, Suite 600
Topeka, Kansas 66612-1227
Re: Labor and Industries--Workers Compensation--Records Open to Public
Inspection; Exceptions
Public Records, Documents and Information--Records Open to Public-- Certain
Records Not Required to Be Open
Synopsis: It is our opinion that K.S.A. 2002 Supp. 44-550b does not close portions of Paid
Loss Reporting Forms and that the Kansas Department of Human Resources,
Workers Compensation Division, cannot properly rely upon K.S.A. 2002 Supp.
45-221 to close portions of such forms. Cited herein: K.S.A. 44-501; K.S.A. 2002
Supp. 44-550b; K.S.A. 44-550; 44-557; 45-215; 45-217; 45-218; 60-432; K.S.A.
2002 Supp. 45-221; K.S.A. 74-716; 75-5708; 75-5725; K.A.R. 51-1-1.
Dear Mr. Kotich:
As General Counsel for the Kansas Department of Human Resources (KDHR), you request our
opinion on the issue of whether Paid Loss Reporting Forms (Form K-WC 92) are required to be
provided to requesters under the Kansas Open Records Act (KORA).(1)
The records in question are annual reports created by certain Kansas employers and sent to KDHR's
Division of Workers Compensation. The report is on a standardized form which states in pertinent
part:
This is to certify that during the period (Time frame given) the following benefit payments
were made pursuant to the Workers Compensation Act.
REPORT THE FOLLOWING:
Total of all weekly compensation payments; travel and per diem for medical examination
and/or treatment; lump sum payments; compromise settlements; hospital, appliance and
medical payments; vocational rehabilitation; and, [sic] death and funeral benefits during
said period are $ . DO NOT INCLUDE ATTORNEY FEES AND/OR
OTHER EXPENSE AND ASSESSMENTS.
K.S.A. 75-5708 establishes the KDHR Division of Workers Compensation, which is thus authorized to
perform duties as required by the Workers Compensation Act.121 K.S.A. 74-716 authorizes the
director of the Workers Compensation Division to require from each workers' compensation
insurance carrier, self-insurer or group-funded workers' compensation pool, at such time and in
accordance with regulations of the director, reports of all payments of compensation made by such
workers' compensation insurance carrier, self-insurer or group-funded workers' compensation pool
during any period. Thus, employers report such payments to the Division of Workers Compensation
using the above referenced form.( ) This is how the KDHR comes to possess the record or
information in question.](ViewImageLocal?handle=hein.sag/sagks0003&div=1&collection=&method=preview&ext=.png&size=3)