Kansas Statutes Annotated

K.S.A. § 44-510c (2026)

Compensation for permanent total and temporary total disabilities

✓ current as of May 2026

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44-510c. Compensation for permanent total and temporary total disabilities. Where death does not result from the injury, compensation shall be paid as provided in K.S.A. 44-510h and 44-510i, and amendments thereto, and as follows:

(a) (1) Where permanent total disability results from the injury, weekly payments shall be made during the period of permanent total disability in a sum equal to 662/3% of the average weekly wage of the injured employee, computed as provided in K.S.A. 44-511, and amendments thereto, but in no case less than $50 per week nor more than the dollar amount nearest to 75% of the state's average weekly wage, determined as provided in K.S.A. 44-511, and amendments thereto, per week. The payment of compensation for permanent total disability shall continue for the duration of such disability, subject to review and modification as provided in K.S.A. 44-528, and amendments thereto.

(2) (A) Permanent total disability exists when the employee, on account of the injury:

(i) Has been rendered completely and permanently incapable of engaging in any type of substantial and gainful employment;

(ii) suffers impairment 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; and

(iii) suffers a percentage of functional impairment determined to be caused solely by the injury that is equal to or exceeds 10% to the body as a whole or the overall functional impairment is equal to or exceeds 15% if there is a preexisting functional impairment.

(B) Expert evidence shall be required to prove permanent total disability.

(3) An injured worker shall not be eligible to receive more than one award of workers compensation permanent total disability in such worker's lifetime.

(b) (1) Where temporary total disability results from the injury, no compensation shall be paid during the first week of disability, except that provided in K.S.A. 44-510h and 44-510i, and amendments thereto, unless the temporary total disability exists for three consecutive weeks, in which case compensation shall be paid for the first week of such disability. Thereafter weekly payments shall be made during such temporary total disability, in a sum equal to 662/3% of the average gross weekly wage of the injured employee, computed as provided in K.S.A. 44-511, and amendments thereto, but in no case less than $50 per week nor more than the dollar amount nearest to 75% of the state's average weekly wage, determined as provided in K.S.A. 44-511, and amendments thereto, per week.

(2) (A) Temporary total disability exists when the employee, on account of the injury, has been rendered completely and temporarily incapable of engaging in any type of substantial and gainful employment. A release issued by a healthcare provider with temporary restrictions for an employee may or may not be determinative of the employee's actual ability to be engaged in any type of substantial and gainful employment, provided that if there is an authorized treating physician, such physician's opinion regarding the employee's work status shall be presumed to be determinative.

(B) Where the employee remains employed with the employer against whom benefits are sought, an employee shall be entitled to temporary total disability benefits if the authorized treating physician imposed temporary restrictions as a result of the work injury which the employer cannot accommodate. A refusal by the employee of accommodated work within the temporary restrictions imposed by the authorized treating physician shall result in a rebuttable presumption that the employee is ineligible to receive temporary total disability benefits.

(C) If the employee has been terminated for cause or voluntarily resigns following a compensable injury, the employer shall not be liable for temporary total disability benefits if the employer could have accommodated the temporary restrictions imposed by the authorized treating physician but for the employee's separation from employment.

(3) Where no award has been entered, a return by the employee to any type of substantial and gainful employment shall suspend the employee's right to the payment of temporary total disability compensation, but shall not affect any right the employee may have to compensation for partial disability in accordance with K.S.A. 44-510d and 44-510e, and amendments thereto.

(4) An employee shall not be entitled to receive temporary total disability benefits for those weeks during which the employee is also receiving unemployment benefits.

(c) When any permanent total disability or temporary total disability is followed by partial disability, compensation shall be paid as provided in K.S.A. 44-510d and 44-510e, and amendments thereto.

History: L. 1968, ch. 102, § 5; L. 1970, ch. 190, § 5; L. 1974, ch. 203, § 12; L. 1979, ch. 156, § 6; L. 1987, ch. 187, § 5; L. 1990, ch. 183, § 3; L. 1993, ch. 286, § 32; L. 2000, ch. 160, § 8; L. 2011, ch. 55, § 7; L. 2024, ch. 27, § 5; July 1.

Notes of Decisions

Cited in 77 cases (6 in the last 5 years), 1976–2024 · leading case: Casco v. Armour Swift-Eckrich, 154 P.3d 494 (Kan. 2007).

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Casco v. Armour Swift-Eckrich, 154 P.3d 494 (Kan. 2007). · cites it 17× “K.S.A. 44-510c provides compensation for temporary and permanent total disabilities.”

McIntosh v. Sedgwick Cnty., 147 P.3d 869 (Kan. 2006). · cites it 9× “K.S.A. 44-510c delineates the framework under which claimants with permanent total disabilities may receive workers compensation.”

Wimp v. Am. High. Tech., 360 P.3d 1100 (Kan. Ct. App. 2015). · cites it 13× “” K.S.A. 44-510c(a)(2). The employer argues that in this case, its employee’s inability to find other work was largely due to his limited intellectual ability and, thus, the employer should not be responsible for his inability to find work.”

Barbury v. Duckwall Alco Stores, Inc., 215 P.3d 643 (Kan. Ct. App. 2009). · cites it 12× “K.S.A. 44-510c sets out the rules for paying benefits to a worker who is totally disabled, whether temporarily or permanently.”

Herrera-Gallegos v. H & H Delivery Serv., Inc., 212 P.3d 239 (Kan. Ct. App. 2009). · cites it 5× “” K.S.A. 44-510c(a)(2). None of the special situations, like losing both hands, applied to Herrera-Gallegos’ case, so the Board had to determine from all the facts whether she was “completely and permanently incapable of engaging in any type of substantial and gainful employment.”

Mitchell v. Petsmart, Inc., 239 P.3d 51 (Kan. 2010). · cites it 9× “51-7-8(b)(l) explicitly provides for the calculation employed in his case when a loss of use occurs to a scheduled member, which is what happened here.”

Redd v. Kansas Truck Ctr., 239 P.3d 66 (Kan. 2010). · cites it 3× “44-510d calculates the award based on a schedule of disabilities. If an injury is on the schedule, the amount of compensation in the schedule includes compensation for the complete loss of the member or the partial loss of the member.”

McIntosh v. Sedgwick Cnty., 123 P.3d 740 (Kan. Ct. App. 2005). · cites it 10× “In doing so, the Board indicated that a permanent total disability pays a maximum benefit of $125,000 at a weekly compensation rate based on the calculation under K.S.A. 44-510c. The Board noted that unlike compensation for a permanent partial disability, a permanent total…”

Wardlow v. ANR Freight Sys., 872 P.2d 299 (Kan. Ct. App. 1993). · cites it 10× “On April 5, 1993, the trial court found that Wardlow is per *112 manently and totally disabled under K.S.A. 1992 Supp. 44-510c(a)(2). ANR timely appeals from the trial court’s decision.”

Injured Workers of Kansas v. Franklin, 942 P.2d 591 (Kan. 1997). · cites it 3× “in this section, in death cases, total disability and partial disability cases, the amount of attorney fees shall not exceed 25% of the sum which would be due under the workers compensation act for 415 weeks of permanent total disability based upon the employee's average gross…”

Grounds v. Triple J Constr. Co., 606 P.2d 484 (Kan. Ct. App. 1980). · cites it 6× “K.S.A. 1979 Supp. 44-510e. At the heart of the problem in the instant case is what the parties see as a conflict between K.”

Messner v. Cont'l Plastic Containers, 298 P.3d 371 (Kan. Ct. App. 2013). · cites it 5× “No authorized treating physician found that Messner experienced temporary total disability during the relevant time period as required by K.S.A. 44-510c(b)(2). Factual and Procedural Background The protracted factual and procedural history of this case extends from July 1999 to…”

Show all 77 citing cases →

— K.S.A. § 44-510c(a) — 3 cases

McIntosh v. Sedgwick Cnty., 147 P.3d 869 (Kan. 2006). “K.S.A. 44-510c delineates the framework under which claimants with permanent total disabilities may receive workers compensation.”

McIntosh v. Sedgwick Cnty., 123 P.3d 740 (Kan. Ct. App. 2005). “In doing so, the Board indicated that a permanent total disability pays a maximum benefit of $125,000 at a weekly compensation rate based on the calculation under K.S.A. 44-510c. The Board noted that unlike compensation for a permanent partial disability, a permanent total…”

Duncan v. City of Osage City, 770 P.2d 843 (Kan. Ct. App. 1989).

— K.S.A. § 44-510c(a)(1) — 2 cases

Casey v. Dillon Companies, Inc., 114 P.3d 182 (Kan. Ct. App. 2005).

Johnson v. U.S. Food Serv., 427 P.3d 996 (Kan. Ct. App. 2018).

— K.S.A. § 44-510c(a)(2) — 33 cases

Casco v. Armour Swift-Eckrich, 154 P.3d 494 (Kan. 2007). “K.S.A. 44-510c provides compensation for temporary and permanent total disabilities.”

Wimp v. Am. High. Tech., 360 P.3d 1100 (Kan. Ct. App. 2015). “” K.S.A. 44-510c(a)(2). The employer argues that in this case, its employee’s inability to find other work was largely due to his limited intellectual ability and, thus, the employer should not be responsible for his inability to find work.”

Herrera-Gallegos v. H & H Delivery Serv., Inc., 212 P.3d 239 (Kan. Ct. App. 2009). “” K.S.A. 44-510c(a)(2). None of the special situations, like losing both hands, applied to Herrera-Gallegos’ case, so the Board had to determine from all the facts whether she was “completely and permanently incapable of engaging in any type of substantial and gainful employment.”

Wardlow v. ANR Freight Sys., 872 P.2d 299 (Kan. Ct. App. 1993). “On April 5, 1993, the trial court found that Wardlow is per *112 manently and totally disabled under K.S.A. 1992 Supp. 44-510c(a)(2). ANR timely appeals from the trial court’s decision.”

Grounds v. Triple J Constr. Co., 606 P.2d 484 (Kan. Ct. App. 1980). “K.S.A. 1979 Supp. 44-510e. At the heart of the problem in the instant case is what the parties see as a conflict between K.”

— K.S.A. § 44-510c(a)(l) — 6 cases

McIntosh v. Sedgwick Cnty., 147 P.3d 869 (Kan. 2006). “K.S.A. 44-510c delineates the framework under which claimants with permanent total disabilities may receive workers compensation.”

Ballard v. Dondlinger & Sons Constr. Co., 355 P.3d 707 (Kan. Ct. App. 2015).

West-Mills v. Dillon Companies, Inc., 859 P.2d 382 (Kan. Ct. App. 1993).

— K.S.A. § 44-510c(b) — 4 cases

Griffin v. Dodge City Coop. Exch., 927 P.2d 958 (Kan. Ct. App. 1996).

Brown v. City of Wichita, 832 P.2d 365 (Kan. Ct. App. 1992).

Hoesli v. Triplett, Inc. (, 321 P.3d 18 (Kan. Ct. App. 2014).

Crabtree v. Beech Aircraft Corp., 625 P.2d 453 (Kan. Ct. App. 1980).

— K.S.A. § 44-510c(b)(1) — 1 case

Roberts v. Midwest Mineral, Inc., 204 P.3d 1177 (Kan. Ct. App. 2009).

— K.S.A. § 44-510c(b)(2) — 9 cases

Messner v. Cont'l Plastic Containers, 298 P.3d 371 (Kan. Ct. App. 2013). “No authorized treating physician found that Messner experienced temporary total disability during the relevant time period as required by K.S.A. 44-510c(b)(2). Factual and Procedural Background The protracted factual and procedural history of this case extends from July 1999 to…”

Griffin v. Dodge City Coop. Exch., 927 P.2d 958 (Kan. Ct. App. 1996).

Hill v. IBP, Inc., 881 F. Supp. 521 (D. Kan. 1995).

Hoesli v. Triplett, Inc. (, 321 P.3d 18 (Kan. Ct. App. 2014).

Bausman v. Interstate Brands Corp., 50 F. Supp. 2d 1028 (D. Kan. 1999).

— K.S.A. § 44-510c(b)(2)(C) — 1 case

Oliver v. Nat'l Beef Packing Co. (Kan. Ct. App. 2021).

— K.S.A. § 44-510c(b)(3) — 2 cases

Barbury v. Duckwall Alco Stores, Inc., 215 P.3d 643 (Kan. Ct. App. 2009). “K.S.A. 44-510c sets out the rules for paying benefits to a worker who is totally disabled, whether temporarily or permanently.”

Crabtree v. Beech Aircraft Corp., 625 P.2d 453 (Kan. Ct. App. 1980).

— K.S.A. § 44-510c(b)(l) — 4 cases

Redd v. Kansas Truck Ctr., 239 P.3d 66 (Kan. 2010). “44-510d calculates the award based on a schedule of disabilities. If an injury is on the schedule, the amount of compensation in the schedule includes compensation for the complete loss of the member or the partial loss of the member.”

Neal v. Hy-Vee, Inc., 81 P.3d 425 (Kan. 2003).

Mitchell v. Petsmart, Inc., 239 P.3d 51 (Kan. 2010). “51-7-8(b)(l) explicitly provides for the calculation employed in his case when a loss of use occurs to a scheduled member, which is what happened here.”

— K.S.A. § 44-510c(c) — 6 cases

Casco v. Armour Swift-Eckrich, 154 P.3d 494 (Kan. 2007). “K.S.A. 44-510c provides compensation for temporary and permanent total disabilities.”

Johnson v. U.S. Food Serv., 427 P.3d 996 (Kan. Ct. App. 2018).

Shank v. Mid-Am. Drilling Co., 621 P.2d 1019 (Kan. Ct. App. 1981).

— K.S.A. § 44-510c(fc)(3) — 1 case

Crabtree v. Beech Aircraft Corp., 625 P.2d 453 (Kan. Ct. App. 1980).

— K.S.A. § 44-510c(fe)(2) — 1 case

Crabtree v. Beech Aircraft Corp., 625 P.2d 453 (Kan. Ct. App. 1980).

— K.S.A. § 44-510c(h)(3) — 1 case

Crabtree v. Beech Aircraft Corp., 625 P.2d 453 (Kan. Ct. App. 1980).

— K.S.A. § 44-510c(o)(2) — 1 case

Crabtree v. Beech Aircraft Corp., 625 P.2d 453 (Kan. Ct. App. 1980).

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