44-510f. Employer's maximum liability for disability compensation; credit for unearned wages. - Kansas Statutes

44-510f

Chapter 44.--LABOR AND INDUSTRIES Article 5.--WORKERS COMPENSATION

      44-510f.   Employer's maximum liability for disability compensation;credit for unearned wages.(a) Notwithstanding any provision of the workers compensation act tothe contrary, the maximum compensation benefits payable by an employershall not exceed the following:

      (1)   For permanent total disability, including temporary total,temporary partial, permanent partial and temporary partial disabilitypayments paid or due, $125,000 for aninjury or any aggravation thereof;

      (2)   for temporary total disability, including any prior permanenttotal, permanent partial or temporary partial disability payments paidor due, $100,000 for an injury or anyaggravation thereof;

      (3)   subject to the provisions of subsection (a)(4), for permanent ortemporary partial disability, including anyprior temporary total, permanent total, temporary partial, or permanentpartial disability payments paid or due, $100,000 for an injury or anyaggravation thereof; and

      (4)   for permanent partial disability, where functional impairment only isawarded, $50,000 for an injury or aggravation thereof.

      (b)   If an employer shall voluntarily pay unearned wages to anemployee in addition to and in excess of any amount of disabilitybenefits to which the employee is entitled under theworkers compensation act, the excess amount paid shall be allowed as a credittothe employer in any final lump-sum settlement, or may be withheld fromthe employee's wages in weekly amounts the same as the weekly amount oramounts paid in excess of compensation due, but not until and unless theemployee's average gross 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 amendmentsthereto. The provisions of this subsection shall not apply to anyemployer who pays any such unearned wages to an employee pursuant to anagreement between the employer and employee or labor organization towhich the employee belongs.

      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; July 1.