Printable Format44-510d. Compensation for certain permanent partial disabilities; computation thereof; schedule. (a) Where disability, partial in character but permanent in quality, results from the injury, the injured employee shall be entitled to the compensation provided in K.S.A. 44-510h and 44-510i, and amendments thereto. The injured employee may be entitled to payment of temporary total disability as defined in K.S.A. 44-510c, and amendments thereto, or temporary partial disability as defined in subsection (a)(1) of K.S.A. 44-510e, and amendments thereto, provided that the injured employee shall not be entitled to any other or further compensation for or during the first week following the injury unless such disability exists for three consecutive weeks, in which event compensation shall be paid for the first week. Thereafter compensation shall be paid for temporary total or temporary partial disability as provided in the following schedule, 662/3% of the average weekly wages to be computed as provided in K.S.A. 44-511, and amendments thereto, except that in no case shall the weekly compensation be more than the maximum as provided for in K.S.A. 44-510c, and amendments thereto.
(b) If there is an award of permanent disability as a result of the injury there shall be a presumption that disability existed immediately after the injury and compensation is to be paid for not 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 index finger, 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 little finger, 15 weeks.
(6) Loss of the first phalange of the thumb or of any finger shall be considered to be equal to the loss of ½ of such thumb or finger, and the compensation shall be ½ of the amount specified above. The loss of the first phalange and any part of the second phalange of any finger, which includes the loss of any part of the bone of such second phalange, shall be considered to be equal to the loss of 2/3 of such finger and the compensation shall be 2/3 of the amount specified above. The loss of the first phalange and any part of the second phalange of a thumb which includes the loss of any part of the bone of such second phalange, shall be considered to be equal to the loss of the entire thumb. The loss of the first and second phalanges and any part of the third proximal phalange of any finger, shall be considered as the loss of the entire finger. Amputation through the joint shall be considered a loss to the next higher 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 to be equal to the loss of ½ of such toe and the compensation shall be ½ of the amount above specified.
(10) The loss of more than one phalange of a toe shall be considered to 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 any other shoulder structures, 210 weeks, and for the loss of an arm, including the shoulder joint, shoulder girdle, 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 sight thereof, 120 weeks.
(18) Amputation or severance below the wrist shall be considered as the loss of a hand. Amputation at the wrist and below the elbow shall be considered as the loss of the forearm. Amputation at or above the elbow shall be considered loss of the arm. Amputation below the ankle shall be considered loss of the foot. Amputation at the ankle and below the knee shall be considered as loss of the lower leg. Amputation at or above the knee 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 sight of an eye or the hearing of an ear, shall be equivalent to the loss thereof. 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 the hearing of an ear, compensation shall be paid as provided for in K.S.A. 44-510c, and amendments thereto, per week during that proportion of the number of weeks in the foregoing schedule provided for the loss of such finger, thumb, hand, shoulder, arm, toe, foot or leg or the sight of an eye or the hearing of an ear, which partial loss thereof bears to the total loss of a finger, thumb, hand, shoulder, arm, toe, foot or leg, or the sight of an eye or the hearing of an ear; but in no event shall the compensation payable hereunder for such partial loss exceed the compensation payable under 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 other shoulder structures.
(22) For traumatic hernia, compensation shall be limited to the compensation under K.S.A. 44-510h and 44-510i, and amendments thereto, compensation for temporary total disability during such period of time as such employee is actually unable to work on account of such hernia, and, in the event such hernia is inoperable, weekly compensation during 12 weeks, except that, in the event that such hernia is operable, the unreasonable refusal of the employee to submit to an operation for surgical repair of such hernia shall deprive such employee of any benefits under the workers compensation act.
(23) Loss of or loss of use of a scheduled member shall be the percentage of functional impairment the employee sustained on account of the injury as established by competent medical evidence and based on the 6th edition of the American medical association guides to the evaluation of permanent impairment, if the impairment is contained therein.
(24) Where an injury results in the loss of or loss of use of more than one scheduled member within a single extremity, the functional impairment attributable to each scheduled member shall be combined pursuant to the 6th edition of the American medical association guides to the evaluation of permanent impairment, and compensation awarded shall be calculated to the highest scheduled member actually impaired.
(c) Whenever the employee is entitled to compensation for a specific injury under the foregoing schedule, the same shall be exclusive of all other compensation except the benefits provided in K.S.A. 44-510h and 44-510i, and amendments thereto, and no additional compensation shall be allowable or payable for any temporary or permanent, partial or total disability, except that the director, in proper cases, may allow additional compensation during the actual healing period, following amputation. The healing period shall not be more than 10% of the total period allowed for the scheduled injury in question nor in any event for longer than 15 weeks. The return of the employee to the employee's usual occupation shall terminate the healing period.
(d) The amount of compensation for permanent partial disability under this section shall be determined by multiplying the payment rate by the weeks payable. As used in this section:
(1) Payment rate shall be the lesser of: (A) The amount determined by multiplying the average weekly wage of the worker prior to such injury by 662/3%; or (B) the maximum provided in K.S.A. 44-510c, and amendments thereto;
(2) weeks payable shall be determined as follows: (A) Determine the weeks of benefits provided for the injury on schedule; (B) determine the weeks of temporary compensation paid by adding the amounts of temporary total and temporary partial disability compensation paid and dividing the sum by the payment rate above; (C) subtract the weeks of temporary compensation calculated in (d)(2)(B) from the weeks of benefits provided for the injury as determined in (d)(2)(A); and (D) multiply the weeks as determined in (d)(2)(C) by the percentage of permanent partial impairment of function as determined under subsection (b)(23).
The resulting award shall be paid for the number of weeks at the payment rate until fully paid or modified. Under no circumstances shall the period of permanent partial disability run concurrently with the period of temporary total or temporary partial disability.
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; L. 2011, ch. 55, § 8; L. 2013, ch. 104, § 8; L. 2024, ch. 27, § 6; July 1.
Law Review and Bar Journal References:
Changes in this section and subsection (b) of K.S.A. 44-510c concerning exclusion of compensation during first week of disability mentioned, Robert F. Bennett, 39 J.B.A.K. 107, 195 (1970).
Pending appeal, employer's liability limited to the amount necessary to provide the workman with bare necessities, Sheila R. Miller, 18 K.L.R. 940, 944 (1970).
"Potential Federalization of State Workmen's Compensation Law—The Kansas Response," James C. Wright and James P. Rankin, 15 W.L.J. 244, 260 (1976).
Survey of workmen's compensation, Ann Hoover, 15 W.L.J. 409, 410 (1976).
"Workmen's Compensation—Major Changes in Employments Covered, Benefits, Defenses, Offsets, and Other Changes," Alvin D. Herrington, 24 K.L.R. 611, 612, 616 (1976).
"Workmen's Compensation—Permanent Partial Disability Benefits—The Dilemma," George E. McCullough, 24 K.L.R. 627, 630, 631 (1976).
Recovery under workmen's compensation, 25 K.L.R. 158, 160 (1976).
"Survey of Kansas Law: Workers' Compensation," William A. Kelly, 27 K.L.R. 377, 379, 380 (1979).
"Major Legislative Changes in Workers' Compensation Law," Gary L. Jordan, 3 J.K.T.L.A. No. 1, 14, 15 (1979).
"Determining Compensation Due Under the Kansas Workmen's Compensation Act," Bryce B. Moore, 52 J.K.B.A. 214, 218, 219, 221 (1983).
"Workers' Compensation: Reconsidering the 'Right to Control' as the Exclusive Test for Employment Status," Catherine M. Foster, 23 W.L.J. 379, 384 (1984).
"Workers' Compensation: A New Era," Tom Hammond, 11 J.K.T.L.A. No. 2, 6 (1987).
"Workers' Compensation Review," (Total Disability), Patrick Nichols, XIV J.K.T.L.A. No. 2, Review p. 2 (1990).
"Workers' Compensation Review," Patrick Nichols, XIV J.K.T.L.A. No. 2, Review p. 2 (1990).
"Workers' Compensation Review," Patrick Nichols, XIV J.K.T.L.A. No. 4, Review p. 3 (1991).
"Concurrent Jurisdiction: Should Your Compensation Claim Be Filed In Kansas, Missouri, Or Both," William W. Hutton, J.K.T.L.A. Vol. XIV, No. 6, 15, 16 (1991).
"Workers' Compensation Review," Patrick Nichols, J.K.T.L.A. Vol. XV, No. 5, Review p. 1 (1992).
"A Critical Analysis of the 1988 Kansas Collateral Source Statute," Timothy Short, J.K.T.L.A. Vol. XVI, No. 2, 10 (1992).
"An Overview of the 1993 Amendments to the Kansas Workers Compensation Act," David J. Rebein, 62 J.K.B.A. No. 5, 30, 33 (1993).
"Workers' Compensation Review," Patrick Nichols, J.K.T.L.A. Vol. XVIII, No. 4, Work. Comp. Review Section, 1, 5 (1995).
"Workers' Compensation Review," Patrick Nichols, J.K.T.L.A. Vol. XVIII, No. 5, Work. Comp. Review Section, 1 (1995).
"Worker's Compensation Review," J.K.T.L.A. Vol. XIX, No. 4, Review Section, 6 (1996).
"Worker's Compensation Review," J.K.T.L.A. Vol. XIX, No. 6, Review Section, 1 (1996).
"Worker's Compensation Review," J.K.T.L.A. Vol. XX, No. 1, Review Section, 5 (1996).
"Combatting the Preexisting Impairment Defense," Kendra L. Walker, J.K.T.L.A. Vol. XX, No. 6, 16 (1997).
"Workers Compensation Law: Constitutionality of the 1993 Kansas Workers Compensation Act," Nicole M. Zomberg, 37 W.L.J. 829 (1998).
"Workers Compensation Review," J.K.T.L.A. Vol. XXII, No. 2, 25 (1998).
"Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 25, No. 4, 22 (2002).
"Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 25, No. 5, 22, 24, 26 (2002).
"Cold-Hearted Application of the Heart Amendment Leaves Kansas Workers' Compensation Claimants Gasping [Mudd v. Neosho Memorial Regional Medical, 62 P.3d 236(Kan. 2003)]," Shannon L. Bell, 43 W.L.J. 171 (2003).
"Workers Compensation Review," Jan L. Fisher, Editor, J.K.T.L.A. Vol. 27, No. 1, 16, 17 (2003).
"Workers Compensation Review," J.K.T.L.A. Vol. 29, No. 1, 21, 25 (2005).
"Workers Compensation Review," Joseph Seiwert, Editor, J.K.T.L.A. Vol. 29, No. 3, 23 (2006).
"Workers Compensation Review," Joseph Seiwert, Editor, J.K.T.L.A. Vol. 29, No. 5, 14 (2006).
"Making the Most Out of the Cap: Maximizing Non-Economic Damages," Bradley J. Prochaska, J.K.T.L.A. Vol. 29, No. 6, 8 (2006).
"Workers Compensation Review," Joseph Seiwert, Editor, J.K.T.L.A. Vol. 30, No. 5, 15 (2007).
"Workers Compensation Review," Joseph Seiwert, Editor, J.K.T.L.A. Vol. 31, No. 1, 23 (2007).
"Workers Compensation Review," Joseph Seiwert, Editor, J.K.A.J. Vol. 31, No. 4, 29 (2008).
"Workers Compensation Review," Joseph Seiwert, Editor, J.K.A.J. Vol. 33, No. 2, 15 (2009).
"Workers' Compensation Benefits Go From Bad to Worse: The Kansas Supreme Court Eliminates the Parallel Injury Rule [Casco v. Armor Swift-Eckrich, 154 P.3d 494 (Kan. 2007)]," Brett M. Busch, 48 W.L.J. No. 3, 705 (2009).
"Workers Compensation Review," Joseph Seiwert, Editor, J.K.A.J. Vol. 34, No. 2, 18 (2010).
"Workers Compensation Review," Joseph Seiwert, Editor, J.K.A.J. Vol. 34, No. 3, 23 (2011).
"A New Guiding Principle: The Kansas Supreme Court's Trend to Review and Reconsider Legal Precedent," Ryan Farley and Nicole Romine, 77 J.K.B.A. No. 8, 16 (2011).
CASE ANNOTATIONS
For cases concerning subject matter of this section prior to its enactment, see the case annotations to K.S.A. 44-510 under the following index headings: "Scheduled Disability"; "Miscellaneous Matters" (see subhead "Additional Compensation").
1. Mentioned in determining sufficiency of evidence to support a scheduled injury. Brannum v. Spring Lakes Country Club, Inc., 207 Kan. 321, 322, 485 P.2d 226 (1971).
2. Finding of scheduled injury in accordance with section upheld. Crouse v. Wallace Manufacturing Co., 207 Kan. 826, 828, 486 P.2d 1335 (1971).
3. Upon second injury workman is entitled to compensation under section only when the effect of the two result in total permanent injury. Crouse v. Wallace Manufacturing Co., 207 Kan. 826, 828, 486 P.2d 1335 (1971).
4. Compensation awarded for temporary total disability arising from traumatic neurosis directly traceable to scheduled injury. Berger v. Hahner, Foreman & Cale, Inc., 211 Kan. 541, 544, 545, 552, 506 P.2d 1175.
5. Award of temporary total disability in addition to award for scheduled injury authorized. Bergemann v. North Central Foundry, Inc., 215 Kan. 685, 687, 689, 691, 527 P.2d 1044.
6. Fact that primary injury is scheduled injury does not bar workman's recovery for general bodily disability. Reese v. Gas Engineering and Construction Co., 216 Kan. 542, 547, 532 P.2d 1044.
7. Award for permanent partial general bodily disability held proper under evidence. Reese v. Gas Engineering and Construction Co., 219 Kan. 536, 537, 538, 540, 548 P.2d 746.
8. Award of permanent total disability affirmed; not limited by this section. Hardman v. City of Iola, 219 Kan. 840, 841, 842, 844, 549 P.2d 1013.
9. Award hereunder remanded to award of total permanent disability; sufficiency of evidence. Reichuber v. Cook Well Servicing, 220 Kan. 93, 551 P.2d 810.
10. Phrase "loss of the use" construed to mean impairment of function award based on functional disability affirmed. Gross v. Herb Lungren Chevrolet, Inc., 220 Kan. 585, 586, 587, 552 P.2d 1360.
11. Applied; functional disability as test for determining award for permanent partial disability (dissenting opinion). Anderson v. Kinsley Sand & Gravel, Inc., 221 Kan. 191, 200, 558 P.2d 146.
12. Scheduled injuries as listed in this section not applicable to occupational disease cases; application of K.S.A. 44-510e. Schubert v. Peerless Products, Inc., 223 Kan. 288, 293, 573 P.2d 1009.
13. Applied in construing former provision of K.S.A. 44-510f (L. 1974, ch. 203, sec. 16). Boyd v. Barton Transfer and Storage, 2 Kan. App. 2d 425, 428, 580 P.2d 1366.
14. Apportionment of award between employer and workmen's compensation fund must take into account "work disability" and "functional disability" where both are involved. Razo v. Erman Corp., 4 Kan. App. 2d 473, 474, 608 P.2d 1025. Reversed: 228 Kan. 491, 618 P.2d 1161.
15. Employee limited to relief under K.S.A. 44-528 for settlement and award obtained through fraud of employer. Yocum v. Phillips Petroleum Co., 228 Kan. 216, 217, 612 P.2d 699.
16. Award of partial disability following rehabilitation program must reflect extent worker's ability to perform work of same type and character being done when injured has been reduced. Antwi v. C-E Industrial Group, 5 Kan. App. 2d 53, 58, 61, 612 P.2d 656.
17. General rules relating to appellate scope of review are reviewed and applied. Crabtree v. Beech Aircraft Corp. 5 Kan. App. 2d 440, 445, 618 P.2d 849. Reversed: 229 Kan. 440, 625 P.2d 453.
18. Award of permanent partial loss was supported by sufficient evidence; affirmed. Shank v. Mid-America Drilling Co., 5 Kan. App. 2d 618, 619, 620, 621 P.2d 1019.
19. Absent express statutory authority, administrative agency cannot award compensatory or punitive damages. Woods v. Midwest Conveyor Co., 231 Kan. 763, 773, 648 P.2d 234 (1982).
20. Compensation received under K.S.A. 44-510g is included in computing total compensation due under K.S.A. 44-510d. Cowan v. Josten's American Yearbook Co., 8 Kan. App. 2d 423, 424, 425, 426, 427, 660 P.2d 78 (1983).
21. Compensation for partial loss of use of arm manifested by injury to body at other situs is scheduled injury, not permanent partial general disability. Fogle v. Sedgwick County, 9 Kan. App. 2d 129, 130, 673 P.2d 465 (1984).
22. Situs of resulting disability, not situs of trauma, determines benefits under act. Fogle v. Sedgwick County, 235 Kan. 386, 680 P.2d 287 (1984).
23. Rule under K.S.A. 44-510c(a)(2) applies, by analogy, to partial disability to both hands; K.S.A. 44-510e applicable. Downes v. IBP, Inc., 10 Kan. App. 2d 39, 40, 691 P.2d 42 (1984).
24. Error in not stating award for occupational disease in diminished earning capacity harmless where earning capacity destroyed. Box v. Cessna Aircraft Co., 236 Kan. 237, 245, 689 P.2d 871 (1984).
25. The situs of resulting disability, rather than situs of trauma, determines workers' compensation benefits available. Bryant v. Excel Corp., 239 Kan. 688, 692, 721 P.2d 579 (1986).
26. Cited; simultaneous aggravation to hands and arms resulting in work-related injuries compensable as percentage of disability to whole body (K.S.A. 44-510e). Murphy v. IBP, Inc., 240 Kan. 141, 142, 145, 727 P.2d 468 (1986).
27. History and purpose of healing period compensation examined; award upheld. Carter v. Koch Engineering, 12 Kan. App. 2d 74, 77, 78, 79, 80, 81, 82, 83, 735 P.2d 247 (1987).
28. Rehabilitative training costs cannot be set off against total compensation award and not barred by exclusivity provision (b). Murdock v. MBPXL Corp., 12 Kan. App. 2d 312, 318, 742 P.2d 441 (1987).
29. Cited; evidence supporting 40% permanent partial disability to body as a whole (K.S.A. 44-510e) examined. Ridgway v. Board of Ford County Comm'rs, 12 Kan. App. 2d 441, 445, 748 P.2d 891 (1987).
30. Worker limited to compensation provided for loss of use of scheduled member absent resulting injury to unscheduled area. Duncan v. City of Osage City, 13 Kan. App. 2d 364, 367, 770 P.2d 843 (1989).
31. Proof of functional disability as not prerequisite for recovery under K.S.A. 44-510e determined. McLauglin v. Excel Corp. 14 Kan. App. 2d 44, 47, 783 P.2d 348 (1989).
32. Cited by dissent where majority found loss of services subject to subrogation in third-party action under act. McGranahan v. McGough, 15 Kan. App. 2d 24, 31, 802 P.2d 593 (1990).
33. Subsection (a)(23) is unconstitutional because it violates the equal protection clause of the United States Constitution. Stephenson v. Sugar Creek Packing, 250 Kan. 768, 830 P.2d 41 (1992).
34. Isolated injuries, compensation for separate scheduled injuries, simultaneous aggravation of prior injury not established. Rodriguez v. Henkle Drilling & Supply Co., 16 Kan. App. 2d 728, 730, 731, 828 P.2d 1335 (1992).
35. Employer's nonliability noted where permanency of claimant's condition does not result from work-related injury. West-Mills v. Dillon Companies, Inc., 18 Kan. App. 2d 561, 567, 859 P.2d 392 (1993).
36. Cited; whether claimant who received comparable wage after injury overcame presumption of no work disability examined. Elliff v. Derr Constr. Co., 19 Kan. App. 2d 509, 513, 875 P.2d 983 (1994).
37. When date of accident occurred in workers compensation case involving carpal tunnel syndrome examined. Berry v. Boeing Military Airplanes, 20 Kan. App. 2d 220, 227, 885 P.2d 1261 (1994).
38. Date of accident for micro-trauma injury was earlier than last day worked; disability computed under pre-1993 amendments. Condon v. Boeing Co., 21 Kan. App. 2d 580, 582, 903 P.2d 775 (1995).
39. Workers compensation board holding that claimant suffered work-related injury supported by evidence. Bradford v. Boeing Military Airplanes, 22 Kan. App. 2d 868, 871, 924 P.2d 1263 (1996).
40. Compensation for injury for carpal tunnel syndrome to both hands and arms determined. Depew v. NCR Engineering & Mfg., 23 Kan. App. 2d 463, 465, 467, 932 P.2d 461 (1997).
41. Under facts, compensation based on percentage of loss of use of hand rather than loss of entire hand. Landry v. Graphic Technology, Inc., 268 Kan. 359, 360, 2 P.3d 758 (2000).
42. Section states general rule for injuries to scheduled members; rule in Honn, 271 Kan. 873, is exception. Mathena v. IBP, Inc., 33 Kan. App. 2d 956, 111 P.3d 1068 (2005).
43. To be used to calculate compensation as two scheduled injuries if capable of engaging in substantial and gainful employment. Casco v. Armour Swift-Eckrich, 283 Kan. 508, 529, 154 P.3d 494 (2007).
44. Cited; when two parallel scheduled injuries occur and presumption of permanent total disability rebutted award is calculated under K.S.A. 44-510d. Hall v. Dillon Companies, Inc., 286 Kan. 778, 783, 785 to 787, 789, 189 P.3d 508 (2008).
45. Bilateral injury to be calculated under schedule of injuries, Casco case applied to all pending workers compensation cases. Myers v. Lincoln Center Ob/Gyn, 39 Kan. App. 2d 372, 377, 180 P.3d 574 (2008).
46. Cited; board's factual findings supported by record, award based on K.S.A. 44-510e(a) correctly calculated. Gutierrez v. Dold Foods, Inc., 40 Kan. App. 2d 1135, 1137, 199 P.3d 798 (2009).
47. Permanent partial general disability award affirmed in case involving scheduled and unscheduled injuries. McCready v. Payless Shoesource, 41 Kan. App. 2d 79, 200 P.3d 479 (2009).
48. K.S.A. 44-510d permits compensation at highest level of scheduled injury when multiple injuries occur within single extremity. Mitchell v. Petsmart, Inc., 41 Kan. App. 2d 523, 203 P.3d 76 (2009).
49. Mentioned in discussion of applicability of compensation caps under K.S.A. 44-510f(a)(3) and (a)(4); board reversed. Roberts v. Midwest Mineral, Inc., 41 Kan. App. 2d 603, 204 P.3d 1177 (2009).
50. Permanent partial disability award reduced for weeks claimant received temporary benefits. Barbury v. Duckwall Alco Stores, 42 Kan. App. 2d 693, 215 P.3d 643 (2009).
51. Worker's compensation claimant awarded both temporary total disability and permanent partial disability benefits for multiple scheduled injuries subject to $100,000 statutory cap. Redd v. Kansas Truck Center, 291 Kan. 176, 239 P.3d 66 (2010).
52. Statute unconstitutional as applied where it prohibited employee from recovering award for permanent partial disability for a new and distinct work-related injury. Pardo v. UPS, 56 Kan. App. 2d 1, 25, 422 P.3d 1185 (2018).
53. Amendments adopting the 6 th edition of the AMA guides for measuring permanent impairment are facially unconstitutional as the act no longer comports with due process for injured workers who sustain permanent impairment as a result of an injury occurring on or after January 1, 2015; the unconstitutional provisions are severable and the remedy is to strike provisions mandating use of the 6 th edition, effectively reinstating the use of the 4 th edition. Johnson v. U.S. Food Service, 56 Kan. App. 2d 232, 427 P.3d 996 (2018).
54. Amendment in 2013 referencing the 6 th edition of the AMA guides reflected an update to the most recent guidelines and did not change the legal standard requiring the rating be established by competent medical evidence. Johnson v. U.S. Food Service, 312 Kan. 597, 478 P.3d 776 (2021), rev'g 56 Kan. App. 2d 232, 427 P.3d 996 (2018).