44-5a04. Disablement and disability defined; cancellation of award, when. - Kansas Statutes

44-5a04

Chapter 44.--LABOR AND INDUSTRIES Article 5a.--OCCUPATIONAL DISEASES

      44-5a04.   Disablement and disability defined; cancellation ofaward, when.(a) Except as otherwise provided in this act "disablement" means the event ofan employee becoming actually incapacitated, partially or totally, because ofan occupational disease, from performing the employee's work in the lastoccupation in which injuriously exposed to the hazards of such disease, and"disability" means the state of being so incapacitated.

      (b)   The administrative law judge may cancel the award andend the compensation if the administrative law judge finds that the employee:

      (1)   Hasreturned to work for the same employerin whose employ the employee was disabled or for another employer and iscapable of earning the same or higher wages than the employee did at the timeof the disablement, or is capable of gaining an income from any trade oremployment which is equal to or greater than the wages the employee was earningat the time of the disablement;

      (2)   is absent and continues to be absent so thatareasonable examination cannot be made of the employee by a health care providerselected by the employer; or

      (3)   has departed beyond the boundaries of the United States.

      History:   L. 1953, ch. 246, § 4; L. 1990, ch. 182, § 11;L. 1993, ch. 286, § 74; July 1.