44-510f. Employer's maximum liability for disability compensation; annual adjustment thereto; credit for unearned wages.

425 words·~2 min read·/ks/chapter-44/44-510f

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.