Kansas Statutes Annotated

K.S.A. § 44-510h (2026)

Medical compensation; change of healthcare provider; examination by alternate healthcare provider; faith healing; preventative hepatitis treatment; presumption of employer's obligations; termination of

✓ current as of May 2026

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44-510h. Medical compensation; change of healthcare provider; examination by alternate healthcare provider; faith healing; preventative hepatitis treatment; presumption of employer's obligations; termination of. (a) It shall be the duty of the employer to provide the services of a healthcare provider and such medical, surgical and hospital treatment, including nursing, medicines, medical and surgical supplies, ambulance, crutches, apparatus and transportation to and from the home of the injured employee to a place outside the community in which such employee resides and within such community if the director, in the director's discretion, so orders, including transportation expenses computed in accordance with K.S.A. 44-515(a), and amendments thereto, as may be reasonably necessary to cure and relieve the employee from the effects of the injury.

(b) (1) If the director finds, upon application of an injured employee, that the services of the healthcare provider furnished as provided in subsection (a) and rendered on behalf of the injured employee are not satisfactory, the director may authorize the appointment of some other healthcare provider. In any such case, the employer shall submit the names of two healthcare providers who, if possible given the availability of local healthcare providers, are not associated in practice together. The injured employee may select one from the list who shall be the authorized treating healthcare provider. If the injured employee is unable to obtain satisfactory services from any of the healthcare providers submitted by the employer under this paragraph, either party or both parties may request the director to select a treating healthcare provider.

(2) Without application or approval, an employee may consult a healthcare provider of the employee's choice for the purpose of examination, diagnosis or treatment, but the employer shall only be liable for the fees and charges of such healthcare provider up to a total amount of $800. The amount allowed for such examination, diagnosis or treatment shall not be used to obtain a functional impairment rating. Any medical opinion obtained in violation of this prohibition shall not be admissible in any claim proceedings under the workers compensation act.

(c) An injured employee whose injury or disability has been established under the workers compensation act may rely, if done in good faith, solely or partially on treatment by prayer or spiritual means in accordance with the tenets of practice of a church or religious denomination without suffering a loss of benefits subject to the following conditions:

(1) The employer or the employer's insurance carrier agrees thereto in writing either before or after the injury;

(2) the employee submits to all physical examinations required by the workers compensation act;

(3) the cost of such treatment shall be paid by the employee unless the employer or insurance carrier agrees to make such payment;

(4) the injured employee shall be entitled only to benefits that would reasonably have been expected had such employee undergone medical or surgical treatment; and

(5) the employer or insurance carrier that made an agreement under paragraph (1) or (3) may withdraw from the agreement on 10 days' written notice.

(d) In any employment to which the workers compensation act applies, the employer shall be liable to each employee who is employed as a duly authorized law enforcement officer, firefighter, an emergency medical service provider as defined in K.S.A. 65-6112, and amendments thereto, or a member of a regional emergency medical response team as provided in K.S.A. 48-928, and amendments thereto, including any person who is serving on a volunteer basis in such capacity, for all reasonable and necessary preventive medical care and treatment for hepatitis to which such employee is exposed under circumstances arising out of and in the course of employment.

(e) (1) It is presumed that the employer's obligation to provide the services of a healthcare provider and such medical, surgical and hospital treatment, including nursing, medicines, medical and surgical supplies, ambulance, crutches, apparatus and transportation to and from the home of the injured employee to a place outside the community in which such employee resides and within such community if the director, in the director's discretion, so orders, including transportation expenses computed in accordance with K.S.A. 44-515(a), and amendments thereto, shall terminate upon the employee reaching maximum medical improvement.

(2) If the employee has undergone an invasive or surgical procedure or an authorized treating healthcare provider recommends that the employee will need an invasive or surgical procedure in the future, the presumption in subsection (e)(1) as to termination of the right to medical treatment may be overcome with evidence that it is more probably true than not that future medical treatment will be needed after the employee reaches maximum medical improvement.

(3) In all other cases, such presumption to terminate the right to medical treatment provided by the employer may be overcome only with clear and convincing evidence of the need for future medical treatment.

(4) As used in this subsection, "medical treatment" means only that treatment provided or prescribed by a licensed healthcare provider and shall not include home exercise programs or over-the-counter medications.

History: L. 2000, ch. 160, § 1; L. 2002, ch. 149, § 3; L. 2011, ch. 55, § 11; L. 2019, ch. 64, § 9; L. 2024, ch. 27, § 9; July 1.

Notes of Decisions

Cited in 26 cases (11 in the last 5 years), 2001–2026 · leading case: Bergstrom v. Spears Mfg. Co., 214 P.3d 676 (Kan. 2009).

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Bergstrom v. Spears Mfg. Co., 214 P.3d 676 (Kan. 2009). “In addition, K.S.A. 2008 Supp. 44-510h(b) provides in relevant part: “(1) If the director finds, upon application of an injured employee, that the services of the health care provider furnished as provided in subsection (a) and rendered on behalf of the injured employee are not…”

Saylor v. Westar Energy, Inc., 256 P.3d 828 (Kan. 2011). · cites it 2× “K.S.A. 2010 Supp. 44-510h(b)(2) provides that an employee may consult with any health care provider without application or approval, but that the employer is only liable for fees and charges up to a total amount of $500 for such unauthorized medical services.”

Graham v. Dokter Trucking Grp., 141 P.3d 1192 (Kan. Ct. App. 2006). · cites it 3× “The Board found against the employer and its insurers on this issue, reasoning: “K.S.A. 44-510h malees it the duty of the employer to provide services of a health care provider as may be reasonably necessary to cure and reheve the employee from the effects of the injury.”

Nam Le v. Armour Eckrich Meats, 364 P.3d 571 (Kan. Ct. App. 2014). “According to K.S.A. 2011 Supp. 44-510h(a), the employer has the duty “to provide tire services of a health care provider .”

Barbury v. Duckwall Alco Stores, Inc., 215 P.3d 643 (Kan. Ct. App. 2009). ““Whenever the employee is entitled to compensation for a specific injury under the foregoing schedule, the same shall be exclusive of all other compensation except the [medical] benefits provided in K.S.A. 44-510h and 44-510i . . . , and no additional compensation shall be…”

Myers v. Lincoln Ctr. Ob/Gyn, P.A., 180 P.3d 584 (Kan. Ct. App. 2008). “Notice of the work-related injury Lincoln Center first argues that its responsibility for Myers’ carpal tunnel treatment prior to December 2004 should be limited to the $500 cap on unauthorized medical expenses under K.”

Pruter v. Lamed State Hosp., 26 P.3d 666 (Kan. 2001). “"(b) Whenever the employee is entitled to compensation for a specific injury under the foregoing schedule, the same shall be exclusive of all other compensation except the benefits provided in K.S.A. 44-510h and 44-510i and amendments thereto, and no additional compensation…”

Lozano v. Excel Corp., 81 P.3d 447 (Kan. Ct. App. 2003). · cites it 2× “44-510h and 44-510Í and amendments thereto, compensation for temporary total disability during such period of time as such employee is actually unable to work on account of such hernia, and, in the event such hernia is inoperable, weekly compensation during 12 weeks, except…”

Roles v. the Boeing Co., 230 P.3d 771 (Kan. Ct. App. 2010). “” K.S.A. 2009 Supp. 44-510h(a). In order to fall within these statutory protections, the burden of proof lies with the claimant to establish his or her right to compensation by proving various conditions on which that right de *625 pends.”

Bragg v. Big Heart Pet Brands, Inc. (D. Kan. 2021). · cites it 12× “” K.S.A. § 44-510h(a). If an employee objects that the services of the employer-furnished healthcare provider are unsatisfactory, the Kansas director of worker’s compensation may authorize the appointment of another healthcare provider.”

Deguillen v. Schwan's Food Mfg., Inc., 172 P.3d 71 (Kan. Ct. App. 2007). · cites it 4× “44-510h(b)(2) in Ordering Reimbursement of Unauthorized Medical Expenses? Finally, Schwan’s argues that the Board’s order of reimbursement of Deguillen’s unauthorized medical expenses up to $500 violated K.S.A. 2006 Supp. 44-510h(b)(2), which provides: “Without application or…”

Saylor v. Westar Engery, Inc., 207 P.3d 275 (Kan. Ct. App. 2009). · cites it 2× “The statute, K.S.A. 2008 Supp. 44-510h(a) requires “the employer to provide the services of.”

Show all 26 citing cases →

— K.S.A. § 44-510h(a) — 13 cases

Nam Le v. Armour Eckrich Meats, 364 P.3d 571 (Kan. Ct. App. 2014). “According to K.S.A. 2011 Supp. 44-510h(a), the employer has the duty “to provide tire services of a health care provider .”

Bragg v. Big Heart Pet Brands, Inc. (D. Kan. 2021). “” K.S.A. § 44-510h(a). If an employee objects that the services of the employer-furnished healthcare provider are unsatisfactory, the Kansas director of worker’s compensation may authorize the appointment of another healthcare provider.”

Saylor v. Westar Engery, Inc., 207 P.3d 275 (Kan. Ct. App. 2009). “The statute, K.S.A. 2008 Supp. 44-510h(a) requires “the employer to provide the services of.”

Van Horn v. Blue Sky Satellite Svcs. (Kan. Ct. App. 2021).

— K.S.A. § 44-510h(b) — 1 case

— K.S.A. § 44-510h(b)(1) — 1 case

— K.S.A. § 44-510h(b)(2) — 8 cases

Saylor v. Westar Energy, Inc., 256 P.3d 828 (Kan. 2011). “K.S.A. 2010 Supp. 44-510h(b)(2) provides that an employee may consult with any health care provider without application or approval, but that the employer is only liable for fees and charges up to a total amount of $500 for such unauthorized medical services.”

Deguillen v. Schwan's Food Mfg., Inc., 172 P.3d 71 (Kan. Ct. App. 2007). “44-510h(b)(2) in Ordering Reimbursement of Unauthorized Medical Expenses? Finally, Schwan’s argues that the Board’s order of reimbursement of Deguillen’s unauthorized medical expenses up to $500 violated K.S.A. 2006 Supp. 44-510h(b)(2), which provides: “Without application or…”

Saylor v. Westar Engery, Inc., 207 P.3d 275 (Kan. Ct. App. 2009). “The statute, K.S.A. 2008 Supp. 44-510h(a) requires “the employer to provide the services of.”

Van Horn v. Blue Sky Satellite Svcs. (Kan. Ct. App. 2021).

— K.S.A. § 44-510h(e) — 5 cases

Martinez v. Haverkamp Bros. Inc. (Kan. Ct. App. 2026).

Van Horn v. Blue Sky Satellite Svcs. (Kan. Ct. App. 2021).

Turner v. Pleasant Acres (Kan. Ct. App. 2022).

— K.S.A. § 44-510h(e)(1) — 1 case

Mitchell v. CNH Indus. Am. (Kan. Ct. App. 2026).

— K.S.A. § 44-510h(e)(4) — 1 case

Mitchell v. CNH Indus. Am. (Kan. Ct. App. 2026).

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