State Codes and Statutes

Statutes > Kansas > Chapter44 > Article5 > Statutes_19015

44-510d

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

      44-510d.   Compensation for certain permanent partial disabilities;schedule.(a) Where disability, partial in character but permanent in quality,results from the injury, the injured employee shall be entitled to thecompensation provided in K.S.A. 44-510h and 44-510i andamendmentsthereto, but shall not be entitled to any other or further compensationfor or during the first week following the injury unless such disabilityexists for three consecutive weeks, in which event compensationshall be paid for the first week. Thereafter compensation shall be paidfor temporary total loss of use and as provided in the followingschedule, 66 2/3% of the averagegross weekly wages to be computed as provided in K.S.A.44-511 and amendments thereto, except that in no case shall theweekly compensationbe more than the maximum as provided for in K.S.A. 44-510cand amendments thereto. If there is an award of permanent disability asa result of the injury there shall be a presumption that disabilityexisted immediately after the injury and compensation is to be paid fornot to exceed the number of weeks allowed in the following schedule:

      (1)   For loss of a thumb, 60 weeks.

      (2)   For the loss of a first finger, commonly called the indexfinger, 37 weeks.

      (3)   For the loss of a second finger, 30 weeks.

      (4)   For the loss of a third finger, 20 weeks.

      (5)   For the loss of a fourth finger, commonly called the littlefinger, 15 weeks.

      (6)   Loss of the first phalange of the thumb or of any finger shallbe considered to be equal to the loss of 1/2 of such thumb orfinger, and the compensation shall be 1/2 of the amountspecified above. The loss of the first phalange and any part of thesecond phalange of any finger, which includes the loss of any part ofthe bone of such second phalange, shall be considered to be equal to theloss of 2/3 of such finger and the compensation shall be 2/3 ofthe amount specified above. The loss of the firstphalange and any part of the second phalange of a thumb which includesthe loss of any part of the bone of such second phalange, shall beconsidered to be equal to the loss of the entire thumb. The loss of thefirst and second phalanges and any part of the third proximal phalangeof any finger, shall be considered as the loss of the entire finger.Amputation through the joint shall be considered a loss to the nexthigher schedule.

      (7)   For the loss of a great toe, 30 weeks.

      (8)   For the loss of any toe other than the great toe,10 weeks.

      (9)   The loss of the first phalange of any toe shall be considered tobe equal to the loss of 1/2 of such toe and the compensationshall be 1/2 of the amount above specified.

      (10)   The loss of more than one phalange of a toe shall be consideredto be equal to the loss of the entire toe.

      (11)   For the loss of a hand, 150 weeks.

      (12)   For the loss of a forearm, 200 weeks.

      (13)   For the loss of an arm,excluding the shoulder joint, shoulder girdle, shoulder musculature or anyother shoulder structures,210 weeks, and for the loss of an arm, including the shoulder joint, shouldergirdle, shoulder musculature or any other shoulder structures, 225 weeks.

      (14)   For the loss of a foot, 125 weeks.

      (15)   For the loss of a lower leg, 190 weeks.

      (16)   For the loss of a leg, 200 weeks.

      (17)   For the loss of an eye, or the complete loss of the sightthereof, 120 weeks.

      (18)   Amputation or severance below the wrist shall be considered asthe loss of a hand. Amputation at the wrist and below the elbow shall beconsidered as the loss of the forearm. Amputation at or above the elbowshall be considered loss of the arm. Amputation below the ankle shall beconsidered loss of the foot. Amputation at the ankle and below the kneeshall be considered as loss of the lower leg. Amputation at or above theknee shall be considered as loss of the leg.

      (19)   For the complete loss of hearing of both ears, 110 weeks.

      (20)   For the complete loss of hearing of one ear, 30 weeks.

      (21)   Permanent loss of the use of a finger, thumb, hand, shoulder, arm,forearm, toe, foot, leg or lower leg or the permanent loss of the sightof an eye or the hearing of an ear, shall be equivalent to the lossthereof. For the permanent partial loss of the use of a finger, thumb,hand, shoulder, arm, toe, foot or leg, or the sight of an eye or thehearing of anear, compensation shall be paid as provided for in K.S.A.44-510c and amendments thereto, per week during that proportion of thenumber of weeks in the foregoing schedule provided for the loss of suchfinger, thumb, hand, shoulder, arm, toe, foot or leg, or the sight of aneye orthe hearing of an ear, which partial loss thereof bears to the totalloss of a finger, thumb, hand, shoulder, arm, toe, foot or leg, or thesight of aneye or the hearing of an ear; but in no event shall the compensationpayable hereunder for such partial loss exceed the compensation payableunder the schedule for the total loss of such finger, thumb, hand, arm,toe, foot or leg, or the sight of an eye or the hearing of an ear,exclusive of the healing period. As used in this paragraph (21), "shoulder"means the shoulder joint, shoulder girdle, shoulder musculature or any othershoulder structures.

      (22)   For traumatic hernia, compensation shall be limited to thecompensation under K.S.A. 44-510h and 44-510i and amendmentsthereto,compensation for temporary total disability during such period of timeas such employee is actually unable to work on account of such hernia,and, in the event such hernia is inoperable, weekly compensation during12 weeks, except that, in the event that such hernia isoperable, the unreasonable refusal of the employee to submit to anoperation for surgical repair of such hernia shall deprive such employeeof any benefits under the workers compensation act.

      (23)   Loss of a scheduled member shall be based upon permanent impairmentoffunction to the scheduled member as determined usingthe fourth edition of the American Medical Association Guides to theEvaluationof Permanent Impairment, if the impairment is contained therein.

      (b)   Whenever the employee is entitled to compensation for a specificinjury under the foregoing schedule, the same shall beexclusive of allother compensation except the benefits provided in K.S.A. 44-510h and 44-510iand amendments thereto, and no additionalcompensation shall beallowable or payable for any temporary or permanent, partialor total disability,except that the director, in proper cases, may allow additionalcompensation during the actual healing period, followingamputation. The healing period shall not bemore than 10% of the total period allowed for thescheduled injury in question nor in any event for longer than 15 weeks.The return of the employee to theemployee's usual occupationshall terminate the healing period.

      History:   L. 1968, ch. 102, § 6;L. 1970, ch. 190, § 6;L. 1974, ch. 203, § 13;L. 1975, ch. 260, § 1;L. 1979, ch. 156, § 7;L. 1987, ch. 187, § 6;L. 1993, ch. 286, § 33;L. 1996, ch. 79, § 5;L. 2000, ch. 160, § 9; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter44 > Article5 > Statutes_19015

44-510d

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

      44-510d.   Compensation for certain permanent partial disabilities;schedule.(a) Where disability, partial in character but permanent in quality,results from the injury, the injured employee shall be entitled to thecompensation provided in K.S.A. 44-510h and 44-510i andamendmentsthereto, but shall not be entitled to any other or further compensationfor or during the first week following the injury unless such disabilityexists for three consecutive weeks, in which event compensationshall be paid for the first week. Thereafter compensation shall be paidfor temporary total loss of use and as provided in the followingschedule, 66 2/3% of the averagegross weekly wages to be computed as provided in K.S.A.44-511 and amendments thereto, except that in no case shall theweekly compensationbe more than the maximum as provided for in K.S.A. 44-510cand amendments thereto. If there is an award of permanent disability asa result of the injury there shall be a presumption that disabilityexisted immediately after the injury and compensation is to be paid fornot to exceed the number of weeks allowed in the following schedule:

      (1)   For loss of a thumb, 60 weeks.

      (2)   For the loss of a first finger, commonly called the indexfinger, 37 weeks.

      (3)   For the loss of a second finger, 30 weeks.

      (4)   For the loss of a third finger, 20 weeks.

      (5)   For the loss of a fourth finger, commonly called the littlefinger, 15 weeks.

      (6)   Loss of the first phalange of the thumb or of any finger shallbe considered to be equal to the loss of 1/2 of such thumb orfinger, and the compensation shall be 1/2 of the amountspecified above. The loss of the first phalange and any part of thesecond phalange of any finger, which includes the loss of any part ofthe bone of such second phalange, shall be considered to be equal to theloss of 2/3 of such finger and the compensation shall be 2/3 ofthe amount specified above. The loss of the firstphalange and any part of the second phalange of a thumb which includesthe loss of any part of the bone of such second phalange, shall beconsidered to be equal to the loss of the entire thumb. The loss of thefirst and second phalanges and any part of the third proximal phalangeof any finger, shall be considered as the loss of the entire finger.Amputation through the joint shall be considered a loss to the nexthigher schedule.

      (7)   For the loss of a great toe, 30 weeks.

      (8)   For the loss of any toe other than the great toe,10 weeks.

      (9)   The loss of the first phalange of any toe shall be considered tobe equal to the loss of 1/2 of such toe and the compensationshall be 1/2 of the amount above specified.

      (10)   The loss of more than one phalange of a toe shall be consideredto be equal to the loss of the entire toe.

      (11)   For the loss of a hand, 150 weeks.

      (12)   For the loss of a forearm, 200 weeks.

      (13)   For the loss of an arm,excluding the shoulder joint, shoulder girdle, shoulder musculature or anyother shoulder structures,210 weeks, and for the loss of an arm, including the shoulder joint, shouldergirdle, shoulder musculature or any other shoulder structures, 225 weeks.

      (14)   For the loss of a foot, 125 weeks.

      (15)   For the loss of a lower leg, 190 weeks.

      (16)   For the loss of a leg, 200 weeks.

      (17)   For the loss of an eye, or the complete loss of the sightthereof, 120 weeks.

      (18)   Amputation or severance below the wrist shall be considered asthe loss of a hand. Amputation at the wrist and below the elbow shall beconsidered as the loss of the forearm. Amputation at or above the elbowshall be considered loss of the arm. Amputation below the ankle shall beconsidered loss of the foot. Amputation at the ankle and below the kneeshall be considered as loss of the lower leg. Amputation at or above theknee shall be considered as loss of the leg.

      (19)   For the complete loss of hearing of both ears, 110 weeks.

      (20)   For the complete loss of hearing of one ear, 30 weeks.

      (21)   Permanent loss of the use of a finger, thumb, hand, shoulder, arm,forearm, toe, foot, leg or lower leg or the permanent loss of the sightof an eye or the hearing of an ear, shall be equivalent to the lossthereof. For the permanent partial loss of the use of a finger, thumb,hand, shoulder, arm, toe, foot or leg, or the sight of an eye or thehearing of anear, compensation shall be paid as provided for in K.S.A.44-510c and amendments thereto, per week during that proportion of thenumber of weeks in the foregoing schedule provided for the loss of suchfinger, thumb, hand, shoulder, arm, toe, foot or leg, or the sight of aneye orthe hearing of an ear, which partial loss thereof bears to the totalloss of a finger, thumb, hand, shoulder, arm, toe, foot or leg, or thesight of aneye or the hearing of an ear; but in no event shall the compensationpayable hereunder for such partial loss exceed the compensation payableunder the schedule for the total loss of such finger, thumb, hand, arm,toe, foot or leg, or the sight of an eye or the hearing of an ear,exclusive of the healing period. As used in this paragraph (21), "shoulder"means the shoulder joint, shoulder girdle, shoulder musculature or any othershoulder structures.

      (22)   For traumatic hernia, compensation shall be limited to thecompensation under K.S.A. 44-510h and 44-510i and amendmentsthereto,compensation for temporary total disability during such period of timeas such employee is actually unable to work on account of such hernia,and, in the event such hernia is inoperable, weekly compensation during12 weeks, except that, in the event that such hernia isoperable, the unreasonable refusal of the employee to submit to anoperation for surgical repair of such hernia shall deprive such employeeof any benefits under the workers compensation act.

      (23)   Loss of a scheduled member shall be based upon permanent impairmentoffunction to the scheduled member as determined usingthe fourth edition of the American Medical Association Guides to theEvaluationof Permanent Impairment, if the impairment is contained therein.

      (b)   Whenever the employee is entitled to compensation for a specificinjury under the foregoing schedule, the same shall beexclusive of allother compensation except the benefits provided in K.S.A. 44-510h and 44-510iand amendments thereto, and no additionalcompensation shall beallowable or payable for any temporary or permanent, partialor total disability,except that the director, in proper cases, may allow additionalcompensation during the actual healing period, followingamputation. The healing period shall not bemore than 10% of the total period allowed for thescheduled injury in question nor in any event for longer than 15 weeks.The return of the employee to theemployee's usual occupationshall terminate the healing period.

      History:   L. 1968, ch. 102, § 6;L. 1970, ch. 190, § 6;L. 1974, ch. 203, § 13;L. 1975, ch. 260, § 1;L. 1979, ch. 156, § 7;L. 1987, ch. 187, § 6;L. 1993, ch. 286, § 33;L. 1996, ch. 79, § 5;L. 2000, ch. 160, § 9; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter44 > Article5 > Statutes_19015

44-510d

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

      44-510d.   Compensation for certain permanent partial disabilities;schedule.(a) Where disability, partial in character but permanent in quality,results from the injury, the injured employee shall be entitled to thecompensation provided in K.S.A. 44-510h and 44-510i andamendmentsthereto, but shall not be entitled to any other or further compensationfor or during the first week following the injury unless such disabilityexists for three consecutive weeks, in which event compensationshall be paid for the first week. Thereafter compensation shall be paidfor temporary total loss of use and as provided in the followingschedule, 66 2/3% of the averagegross weekly wages to be computed as provided in K.S.A.44-511 and amendments thereto, except that in no case shall theweekly compensationbe more than the maximum as provided for in K.S.A. 44-510cand amendments thereto. If there is an award of permanent disability asa result of the injury there shall be a presumption that disabilityexisted immediately after the injury and compensation is to be paid fornot to exceed the number of weeks allowed in the following schedule:

      (1)   For loss of a thumb, 60 weeks.

      (2)   For the loss of a first finger, commonly called the indexfinger, 37 weeks.

      (3)   For the loss of a second finger, 30 weeks.

      (4)   For the loss of a third finger, 20 weeks.

      (5)   For the loss of a fourth finger, commonly called the littlefinger, 15 weeks.

      (6)   Loss of the first phalange of the thumb or of any finger shallbe considered to be equal to the loss of 1/2 of such thumb orfinger, and the compensation shall be 1/2 of the amountspecified above. The loss of the first phalange and any part of thesecond phalange of any finger, which includes the loss of any part ofthe bone of such second phalange, shall be considered to be equal to theloss of 2/3 of such finger and the compensation shall be 2/3 ofthe amount specified above. The loss of the firstphalange and any part of the second phalange of a thumb which includesthe loss of any part of the bone of such second phalange, shall beconsidered to be equal to the loss of the entire thumb. The loss of thefirst and second phalanges and any part of the third proximal phalangeof any finger, shall be considered as the loss of the entire finger.Amputation through the joint shall be considered a loss to the nexthigher schedule.

      (7)   For the loss of a great toe, 30 weeks.

      (8)   For the loss of any toe other than the great toe,10 weeks.

      (9)   The loss of the first phalange of any toe shall be considered tobe equal to the loss of 1/2 of such toe and the compensationshall be 1/2 of the amount above specified.

      (10)   The loss of more than one phalange of a toe shall be consideredto be equal to the loss of the entire toe.

      (11)   For the loss of a hand, 150 weeks.

      (12)   For the loss of a forearm, 200 weeks.

      (13)   For the loss of an arm,excluding the shoulder joint, shoulder girdle, shoulder musculature or anyother shoulder structures,210 weeks, and for the loss of an arm, including the shoulder joint, shouldergirdle, shoulder musculature or any other shoulder structures, 225 weeks.

      (14)   For the loss of a foot, 125 weeks.

      (15)   For the loss of a lower leg, 190 weeks.

      (16)   For the loss of a leg, 200 weeks.

      (17)   For the loss of an eye, or the complete loss of the sightthereof, 120 weeks.

      (18)   Amputation or severance below the wrist shall be considered asthe loss of a hand. Amputation at the wrist and below the elbow shall beconsidered as the loss of the forearm. Amputation at or above the elbowshall be considered loss of the arm. Amputation below the ankle shall beconsidered loss of the foot. Amputation at the ankle and below the kneeshall be considered as loss of the lower leg. Amputation at or above theknee shall be considered as loss of the leg.

      (19)   For the complete loss of hearing of both ears, 110 weeks.

      (20)   For the complete loss of hearing of one ear, 30 weeks.

      (21)   Permanent loss of the use of a finger, thumb, hand, shoulder, arm,forearm, toe, foot, leg or lower leg or the permanent loss of the sightof an eye or the hearing of an ear, shall be equivalent to the lossthereof. For the permanent partial loss of the use of a finger, thumb,hand, shoulder, arm, toe, foot or leg, or the sight of an eye or thehearing of anear, compensation shall be paid as provided for in K.S.A.44-510c and amendments thereto, per week during that proportion of thenumber of weeks in the foregoing schedule provided for the loss of suchfinger, thumb, hand, shoulder, arm, toe, foot or leg, or the sight of aneye orthe hearing of an ear, which partial loss thereof bears to the totalloss of a finger, thumb, hand, shoulder, arm, toe, foot or leg, or thesight of aneye or the hearing of an ear; but in no event shall the compensationpayable hereunder for such partial loss exceed the compensation payableunder the schedule for the total loss of such finger, thumb, hand, arm,toe, foot or leg, or the sight of an eye or the hearing of an ear,exclusive of the healing period. As used in this paragraph (21), "shoulder"means the shoulder joint, shoulder girdle, shoulder musculature or any othershoulder structures.

      (22)   For traumatic hernia, compensation shall be limited to thecompensation under K.S.A. 44-510h and 44-510i and amendmentsthereto,compensation for temporary total disability during such period of timeas such employee is actually unable to work on account of such hernia,and, in the event such hernia is inoperable, weekly compensation during12 weeks, except that, in the event that such hernia isoperable, the unreasonable refusal of the employee to submit to anoperation for surgical repair of such hernia shall deprive such employeeof any benefits under the workers compensation act.

      (23)   Loss of a scheduled member shall be based upon permanent impairmentoffunction to the scheduled member as determined usingthe fourth edition of the American Medical Association Guides to theEvaluationof Permanent Impairment, if the impairment is contained therein.

      (b)   Whenever the employee is entitled to compensation for a specificinjury under the foregoing schedule, the same shall beexclusive of allother compensation except the benefits provided in K.S.A. 44-510h and 44-510iand amendments thereto, and no additionalcompensation shall beallowable or payable for any temporary or permanent, partialor total disability,except that the director, in proper cases, may allow additionalcompensation during the actual healing period, followingamputation. The healing period shall not bemore than 10% of the total period allowed for thescheduled injury in question nor in any event for longer than 15 weeks.The return of the employee to theemployee's usual occupationshall terminate the healing period.

      History:   L. 1968, ch. 102, § 6;L. 1970, ch. 190, § 6;L. 1974, ch. 203, § 13;L. 1975, ch. 260, § 1;L. 1979, ch. 156, § 7;L. 1987, ch. 187, § 6;L. 1993, ch. 286, § 33;L. 1996, ch. 79, § 5;L. 2000, ch. 160, § 9; July 1.