44-510c. Compensation for permanent total and temporary total disabilities.
44-510c
44-510c. Compensation for permanent total andtemporary totaldisabilities.Where death does not result from the injury, compensation shall be paidas provided in K.S.A. 44-510h and 44-510i and amendmentsthereto and as follows:
(a) (1) Where permanent total disability results from the injury, weeklypayments shall be made during the period of permanent total disability in a sumequal to 66 2/3% of the average gross weekly wage of the injured employee,computed as provided in K.S.A. 44-511 and amendments thereto, but in no caseless than $25 per week nor more than the dollar amount nearest to 75% of thestate's average weekly wage, determined as provided in K.S.A. 44-511 andamendments thereto, per week.The payment of compensation for permanent totaldisability shall continue for the duration of such disability,subject toreview and modification as provided in K.S.A. 44-528 and amendmentsthereto.
(2) Permanent total disability exists when the employee, on accountof the injury, has been renderedcompletely and permanently incapable ofengaging in any type of substantial and gainful employment.Loss of botheyes, both hands, both arms, both feet, or both legs, or any combinationthereof, in the absence of proof to the contrary, shallconstituteapermanent total disability. Substantially total paralysis, or incurableimbecility or insanity, resulting from injury independent of all othercauses, shall constitute permanent total disability. In all other casespermanent total disability shall be determined in accordance with thefacts.
(b) (1) Where temporary total disability results from the injury, nocompensation shall be paid during the first week of disability, except thatprovided in K.S.A. 44-510h and 44-510i and amendmentsthereto, unless the temporary totaldisability exists for three consecutive weeks, in which case compensation shallbe paid for the first week of such disability. Thereafter weekly payments shallbe made during such temporary total disability, in a sum equal to 66 2/3% ofthe average gross weekly wage of the injured employee, computed as provided inK.S.A. 44-511 and amendments thereto, but in no case less than $25 per week normore than the dollar amount nearest to 75% of the state's average weekly wage,determined as provided in K.S.A. 44-511 and amendments thereto, per week.
(2) Temporary total disability exists when the employee, on accountof the injury, has been rendered completely and temporarily incapable ofengaging in any type of substantial and gainful employment. A release issued bya health care provider with temporary medical limitations for an employee mayor may not be determinative of the employee's actual ability to be engaged inany type of substantial and gainful employment, exceptthat temporary total disability compensation shall not be awarded unless theopinion of the authorized treating health care provider is shown to be based onan assessment of the employee's actual job duties with the employer, with orwithout accommodation.
(3) Where no award has been entered,a return by theemployee to any type of substantial and gainful employment or, subject tothe provisions of subsection (b)(2), a release by a treating health careprovider or examining health care provider, who is not regularly employed orretained by the employer, to return to any type of substantial and gainfulemployment, shall suspend the employee's right to the payment of temporarytotal disability compensation, but shall not affect any right the employee mayhave to compensation for partial disability in accordance with K.S.A. 44-510dand 44-510e and amendments thereto.
(c) When any permanent total disability or temporary total disability isfollowed by partial disability, compensation shall be paid as provided inK.S.A. 44-510d and 44-510e and amendments thereto.
History: L. 1968, ch. 102, § 5;L. 1970, ch. 190, § 5;L. 1974, ch. 203, § 12;L. 1979, ch. 156, § 6;L. 1987, ch. 187, § 5;L. 1990, ch. 183, § 3;L. 1993, ch. 286, § 32;L. 2000, ch. 160, § 8; July 1.