Printable Format44-510f. Employer's maximum liability for disability compensation; annual adjustment thereto; credit for unearned wages. (a) Notwithstanding any provision of the workers compensation act to the contrary, the maximum compensation benefits payable by an employer shall not exceed the following:
(1) For permanent total disability, including temporary total, temporary partial, permanent partial and temporary partial disability payments paid or due, $400,000 for an injury;
(2) for temporary total disability, including any prior permanent total, permanent partial or temporary partial disability payments paid or due, $225,000 for an injury;
(3) subject to the provisions of subsection (a)(4), for permanent or temporary partial disability, including any prior temporary total, permanent total, temporary partial, or permanent partial disability payments paid or due, $225,000 for an injury; and
(4) for permanent partial disability, where functional impairment only is awarded, $100,000 for an injury. The $100,000 cap contained in this subsection shall apply whether or not temporary total disability or temporary partial disability benefits were paid.
(b) The maximum compensation benefits payable as provided by subsection (a)(1) through (4) shall remain in effect until June 30, 2027. Beginning on July 1, 2027, and each July 1 thereafter, the maximum compensation benefits payable pursuant to subsection (a)(1) through (4) shall be adjusted to reflect changes in the state average weekly wage. To determine the yearly adjustment, the director shall determine the percentage of change in the state average weekly wage determined for the current year pursuant to K.S.A. 44-704, and amendments thereto, and as the percentage change in the state average weekly wage for each of the prior four years. Each year's percentage change in the state average weekly wage shall be added together. The sum shall then be divided by five to arrive at the average percentage change over the five-year period. The maximum compensation benefits payable shall then be adjusted by such average percentage change.
(c) If an employer shall voluntarily pay unearned wages to an employee in addition to any amount of disability benefits to which the employee is entitled under the workers compensation act, the excess amount paid:
(1) Shall be allowed as a credit to the employer in any final settlement; or
(2) may be withheld from the employee's wages in weekly amounts equal to the weekly amount or amounts paid in excess of compensation due. The excess amount paid may only be withheld from the employee's wages if the employee's average weekly wage for the calendar year exceeds 125% of the state's average weekly wage, determined as provided in K.S.A. 44-511, and amendments thereto.
History: L. 1974, ch. 203, § 16; L. 1977, ch. 176, § 1; L. 1979, ch. 156, § 8; L. 1987, ch. 187, § 8; L. 1993, ch. 286, § 35; L. 2011, ch. 55, § 10; L. 2024, ch. 27, § 8; July 1.
Law Review and Bar Journal References:
"Potential Federalization of State Workmen's Compensation Law—The Kansas Response," James C. Wright and James P. Rankin, 15 W.L.J. 244, 260 (1976).
"Workmen's Compensation—An Introduction to Changes in the Kansas Statute," Bryce B. Moore, 24 K.L.R. 603, 604 (1976).
"Workmen's Compensation—Major Changes in Employments Covered, Benefits, Defenses, Offsets, and Other Changes," Alvin D. Herrington, 24 K.L.R. 611, 614, 616 (1976).
"Permanent, Total and Partial Disability Under the Kansas Workmen's Compensation Act," Holly Nielson Keaton, 29 K.L.R. 121, 133 (1980).
"Major Legislative Changes in Workers' Compensation Law," Gary L. Jordan, 3 J.K.T.L.A. No. 1, 14, 15 (1979).
"Workers' Compensation: The Dual Capacity Doctrine—California's Exception to the Exclusivity of Workers' Compensation Coverage," Pamela S. Yeary, 22 W.L.J. 168, 170 (1982).
"Determining Compensation Due Under the Kansas Workmen's Compensation Act," Bryce B. Moore, 52 J.K.B.A. 214, 217 (1983).
"Workers' Compensation: Reconsidering the 'Right to Control' as the Exclusive Test for Employment Status," Catherine M. Foster, 23 W.L.J. 379, 384 (1984).
"Analysis of Bill Drafted by Interim Committee on 1984 Labor and Industry," Gary L. Jordan, Vol. VIII, No. 3, J.K.T.L.A. 11 (1984).
"Workers' Compensation—A Salute to the Trial Lawyers of Kansas," Gary L. Jordan, 10 J.K.T.L.A. No. 6, 9, 10 (1987).
"Workers' Compensation Review," (Total Disability), Patrick Nichols, XIV J.K.T.L.A. No. 2, Review p. 2 (1990).
"Concurrent Jurisdiction: Should Your Compensation Claim Be Filed In Kansas, Missouri, Or Both," William W. Hutton, J.K.T.L.A. Vol. XIV, No. 6, 15, 17 (1991).
"An Overview of the 1993 Amendments to the Kansas Workers Compensation Act," David J. Rebein, 62 J.K.B.A. No. 5, 30, 32 (1993).
"Worker's Compensation Review," J.K.T.L.A. Vol. XIX, No. 4, Review Section, 2 (1996).
"Workers Compensation Review," J.K.T.L.A. Vol. XX, No. 6, Review Section, 37 (1997).
"Workers Compensation Review," J.K.T.L.A. Vol. XXI, No. 3, Review Section, 24 (1998).
"Workers Compensation Review," J.K.T.L.A. Vol. XXI, No. 5, Review Section, 18, 19 (1998).
"Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 25, No. 4, 22 (2002).
"Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 25, No. 5, 22, 24, 26 (2002).
"Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 27, No. 5, 19, 21 (2004).
"Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 28, No. 5, 18 (2005).
"Workers Compensation Review," Joseph Seiwert, Editor, J.K.T.L.A. Vol. 30, No. 4, 19 (2007).
"Workers Compensation Review," Joseph Seiwert, Editor, J.K.A.J. Vol. 31, No. 4, 21 (2008).
"Workers Compensation Review," Joseph Seiwert, Editor, J.K.A.J. Vol. 33, No. 2, 15 (2009).
"Workers Compensation Review," Joseph Seiwert, Editor, J.K.A.J. Vol. 33, No. 5, 20 (2010).
"Workers Compensation Review," Joseph Seiwert, Editor, J.K.A.J. Vol. 34, No. 2, 18 (2010).
CASE ANNOTATIONS
1. Subsection (c) construed (L. 1974, ch. 203, sec. 16); inapplicable to certain part-time jobs secured after retirement. Boyd v. Barton Transfer and Storage, 2 Kan. App. 2d 425, 426, 427, 428, 429, 580 P.2d 1366.
2. Former subsection (c) construed; benefit entitlement "cutoff" held substantive and repeal does not increase benefits accrued while in effect. Brown v. Goodyear Tire & Rubber Co., 3 Kan. App. 2d 648, 649, 650, 651, 652, 654, 655, 656, 599 P.2d 1031. Affirmed: 227 Kan. 645, 608 P.2d 1356.
3. Mentioned in determining maximum duration of benefits for permanent total and permanent partial disability. Grounds v. Triple J Constr. Co., 4 Kan. App. 2d 325, 330, 606 P.2d 484.
4. Absent express statutory authority, administrative agency cannot award compensatory or punitive damages. Woods v. Midwest Conveyor Co., 231 Kan. 763, 773, 648 P.2d 234 (1982).
5. Employer not entitled to credit for payments to claimant under legal obligation outside workmen's compensation act. Knelson v. Meadowlanders, Inc., 11 Kan. App. 2d 696, 701, 702, 703, 732 P.2d 808 (1987).
6. Mentioned in case construing K.S.A. 44-501(c) and the reduction of award for preexisting functional impairment. Payne v. Boeing Co., 39 Kan. App. 2d 353, 356, 180 P.3d 590 (2008).
7. Discussion of applicability of compensation caps under K.S.A. 44-510f(a)(3) and (a)(4); board reversed. Roberts v. Midwest Mineral, Inc., 41 Kan. App. 2d 603, 204 P.3d 1177 (2009).