Mediation and Judicial Services

Who are the mediators?

The mediators are employees of the Workers Compensation Division who have received special training in the mediation process. These mediators meet or exceed the requirements established by Kansas law and the Kansas Supreme Court. Mediators receive training in conflict resolution techniques, neutrality, agreement writing, ethics, role playing, communication skills, case evaluation and the laws governing mediation.

How does mediation work?

Mediation is not mandatory or a prerequisite to a hearing, but can be utilized at any point during the process. Without full participation and good faith intentions by the parties, success through the mediation process is limited.

The mediation conference begins with the parties in a joint session. The parties are introduced and the rules of mediation are explained. Workers Compensation mediation conferences are conducted pursuant to the Dispute Resolution Act, K.S.A. 5-501, and amendments thereto.

To begin the mediation conference, the mediator gives one party the opportunity to speak without any interruptions. The other party is shown the same courtesy.

Upon completion of this initial phase, the parties, with the assistance of the mediator, will begin identifying issues and exploring all possible options to resolve their dispute. At times the parties may be separated by the mediator or by the request of either party to discuss their respective case. This technique is known as caucusing. Although caucusing is not used in every mediation conference, it is available to all the parties. The purpose of caucusing is to gather or share additional information which the party may be reluctant to express in front of the other party, or perhaps to discuss possible resolution options. Mediation works only if the parties are willing to participate and discuss the issues in good faith.

What happens if no agreement is reached?

Mediation does not promise to resolve all disputes, but it does provide a forum for sincere and meaningful discussion on the issues. If no agreement is reached, only the facts are made part of the docket file. Thus, neither party is prejudiced in later hearings.

What happens if an agreement is reached?

If an agreement is reached, the mediator will put the agreement in writing. Thereafter, the agreement may be forwarded to an Administrative Law Judge (ALJ) for approval. Upon approval by the ALJ, the agreement will have the same force and effect as an agreed order or award.

What does mediation cost?

The Division of Workers Compensation promotes and encourages mediation in workers compensation cases by offering professional mediation free of charge.

Professional mediators elsewhere charge an hourly fee that can be in excess of $100, depending on the complexity of the dispute.

With nothing to lose and much to gain, mediation through the Workers Compensation Division is a cost-effective way of resolving disputes within the workers compensation system.

For additional information or to request or schedule a mediation conference, contact the Public Resource Section: Mediation Unit at (785) 296-4000 (option 2) or (800) 332-0353 (option 2).

The division has 10 Administrative Law Judges throughout the state whose primary function is resolving disputes in contested workers compensation claims by conducting prehearing conferences, encouraging settlements and conducting hearings to resolve issues the parties cannot resolve on their own. If a hearing is held, an ALJ issues an order or award based on the facts and Kansas workers compensation law. For an initial, temporary, determination of benefits, preliminary hearings are set on a priority basis, and preliminary decisions are issued within five business days of the completion of the hearing, excluding weekends and holidays.

Note: OSCAR registration is required for any records requests or filings in the Workers Compensation system.

• How to File for a Hearing: Workers Compensation Practice and Procedure Guide (K-WC 14)
• How to File for a Hearing - Unrepresented K-WC 28 (English)
• How to File for a Hearing - Unrepresented K-WC 280 (Spanish)

To set a hearing before an administrative law judge, the worker or employer must file an application for hearing with the division. Special administrative law judges conduct settlement hearings for the division. If the worker or employer wants to set a preliminary hearing, the worker or employer must follow the procedure for filing an application for preliminary hearing. If the worker or employer has a dispute concerning additional medical treatment after a final award granting future medical treatment has been issued, the party must follow the procedure for filing an application for post-award medical treatment. If the worker or employer has a dispute concerning whether additional compensation is payable after a final award allowing review and modification has been issued, the party must follow the procedure for filing an application for review and modification. Parties that are represented by an attorney should contact their attorney to dicuss whether a hearing on their workers compensation claim is necessary.

• Districting Map for Administrative Law Judges
• County Map for Court Reporters

Disputes over Workers Compensation benefits can also be resolved by mediation. The division has certified mediators who will, free of charge, help an injured worker and employer reach an agreement on contested issues. You can learn more about mediation in the section above.

Administrative Law Judges - Topeka

Brian Brown
Legal Assistant: Marissa Wagenaar (marissa.wagenaar@ks.gov)
401 SW Topeka Blvd
Topeka, KS 66603
(785) 296-4000
(785) 296-7096 (FAX)

David Bogdan
Legal Assistant: Sheryl Hesser (sheryl.hesser@ks.gov)
401 SW Topeka Blvd
Topeka, KS 66603
(785) 296-4000
(785) 296-7096 (FAX)

Administrative Law Judges - Lenexa

Julie Sample (julie.sample@ks.gov)
Legal Assistant: Veronica Cooper (veronica.cooper@ks.gov)
11900 W 87th St Pkwy, Suite 200
Lenexa, KS 66215
(913) 642-7650
(913) 642-3364 (FAX)

Troy Larson (troy.larson@ks.gov)
Legal Assistant: Mindy Bradbury (mindy.bradbury@ks.gov)
11900 W 87th St Pkwy, Suite 200
Lenexa, KS 66215
(913) 642-7650
(913) 642-3364 (FAX)

Ken Hursh (ken.hursh@ks.gov)
Legal Assistant: Jane Hogan (jane.hogan@ks.gov)
11900 W 87th St Pkwy, Suite 200
Lenexa, KS 66215
(913) 642-7650
(913) 642-3364 (FAX)

Administrative Law Judges - Wichita

Ali Marchant
Legal Assistant: Kathy Caire (kathy.caire@ks.gov)
266 N Main St, Suite 100
Wichita, KS 67202-1514
(316) 267-9510
(316) 267-1930 (FAX)

Larry Gurney
Legal Assistant: Mary Richardson (mary.richardson@ks.gov)
266 N Main St, Suite 100
Wichita, KS 67202-1514
(620)-275-0414
(620)-272-0128 (FAX)

Tom Klein
Legal Assistant: Christina Taylor (christina.d.taylor@ks.gov)
266 N Main St, Suite 100
Wichita, KS 67202-1514
(316) 267-9510
(316) 267-1930 (FAX)

Gary Jones
Legal Assistant: Sandi Peck (sandi.peck@ks.gov)
266 N Main St, Suite 100
Wichita, KS 67202-1514
(316) 267-9510
(316) 267-1930 (FAX)

Administrative Law Judge - Salina

Bruce Moore (bruce.moore@ks.gov)
Legal Assistant: Susan Goodell (susan.goodell@ks.gov)
901 Westchester Dr, Suite B
Salina, KS 67401-7418
(785) 827-0724
(785) 827-0942 (FAX)

The Board was established in 1993 to decide appeals of orders and awards from the workers compensation administrative law judges. Hoping to obtain more uniform decisions throughout the state, the Legislature created the Board to replace the state's district court judges in the appeal process. By statute, the Appeals Board’s authority to review preliminary orders is limited to issues of compensability.

The Appeals Board reviews decisions of Administrative Law Judges on a de novo basis, based on the Kansas Workers Compensation Act, administrative regulations, and current caselaw. Review is on the record. All five Board members decide final orders, awards and modifications of final awards. Review of preliminary hearing orders are decided by a single Board member.

The Board has the authority to:

• Grant or deny compensation
• Increase or diminish any award of compensation
• Remand any matter to the administrative law judge for further proceedings

Decisions from the Board are due within 30 days from the date arguments are presented.

For questions about the Appeals Board, please contact kdol.wcboard@ks.gov.

Current Board Members (effective January 1, 2021)

• Rebecca Sanders (Chair)
• John F. Carpinelli
• Seth G. Valerius
• William G. Belden
• Chris A. Clements

Procedure

Filing Requirements:

A request for review must be filed in OSCAR within 10 days (excluding weekends and holidays) from the effective date of the Administrative Law Judge's decision. Refer to pages 45-46 of the OSCAR Training Manual for step by step directions on filing the appeal and for further questions.

Pro Se Claimants may fax file the Petition at (785) 296-8499; email to KDOL.WCBoard@ks.gov, or hand-delivered to any of the regional offices. The following must be included in the request to review:

• 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.

The Appeals Board will send the parties a notice confirming the filing of the application for review and establishing the parties’ deadlines for the filing of briefs. The Appeals Board limits its review to the evidence presented to the Administrative Law Judge, and will not receive additional evidence on review.

Note: An appellant is an applicant to a higher court for a reversal of the decision of a lower court, while an appellee is a responder in a case appealed to a higher court.

General Information:

Appeal of Awards or Modifications of Awards: When a request for review of an Award has been filed with the division through OSCAR, a briefing schedule and hearing 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 10 days to file a response.

Appeal of Final Orders, Post Award Medical and Preliminary Orders: Once a request for review of a Final Order, Post-Award Medical Order or Preliminary Hearing Order is filed with the Board, the Board will email 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, the appellee has 10 days to respond. The case then goes to the Board for review, Reviews of final and preliminary orders are conducted without oral argument.

Post Award Medical: For purposes of review, appeals will follow the same procedure as preliminary 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: The request should be in written form uploaded to OSCAR under the AP number Motion to Board - Extension of time to file brief. The Board will issue an extension for up to 10 days on the first request.

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.

Appeals to the Court of Appeals and Certification of Record: Any final order of the Board may be appealed to the Court of Appeals. Once the Board issues its order, the administrative file is returned to the Director. The Director's office is responsible for certifying the record for cases being appealed to the Court of Appeals. If a party intends to appeal a final order of the Board to the Court of Appeals they must request the Director certify the record.

KSA 44-551(d) gives the Director the authority to appoint Special Administrative Law Judges for the purpose of examining and hearing any designated cases. Special Administrative Law Judges shall be attorneys admitted to practice law in Kansas. They shall have the same authority to exercise powers of regular Administrative Law Judges. Special Administrative Law Judges shall be paid according K.A.R. 51-2-5. (*K.A.R. 51-2-5 amended, effective November 11, 2005).

Special Administrative Law Judges fees include:

• $50.00 for each settlement hearing heard as part of a regular settlement docket.
• $50.00 for each settlement hearing heard as an individual setting.
• $100.00 for each preliminary hearing including a preliminary award or for a full hearing.
• $100.00 for each pre-hearing settlement conference.
• $85.00 per hour for preparing and rendering a final award. Total not to exceed $500.00. (b) If a special local administrative law judge incurs expenses conducting one or more settlement hearings in a location other than the judge's home community, the expenses shall be assessed as costs proportionately among the cases generating the expenses.

Note: The responsible party will pay the fees.

Current Special Administrative Law Judges

John C. Nodgaard
Assistant: Kelly Long (klong@arnmullins.com)
300 W Douglas Ave, Suite 330
Wichita, KS 67202
(316) 267-5267
(316) 267-5754 (FAX)

Tom Hammond
Assistant: Lorena Hathaway (lorena@thammondlaw.com)
200 W Douglas, Suite 420
Wichita, KS 67202
(316) 262-6800
(316) 262-3770 (FAX)

Jerry Shelor (JudgeJerry1@att.net)
1001 SE Quincy
Topeka, KS 66612
(785) 608-7203
(785) 232-9001 (FAX)