Kansas Statutes Annotated

K.S.A. § 44-510f (2026)

Employer's maximum liability for disability compensation; annual adjustment thereto; credit for unearned wages

✓ current as of May 2026

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

(1) For permanent total disability, including temporary total, temporary partial, permanent partial and temporary partial disability payments paid or due, $400,000 for an injury;

(2) for temporary total disability, including any prior permanent total, permanent partial or temporary partial disability payments paid or due, $225,000 for an injury;

(3) subject to the provisions of subsection (a)(4), for permanent or temporary partial disability, including any prior temporary total, permanent total, temporary partial, or permanent partial disability payments paid or due, $225,000 for an injury; and

(4) for permanent partial disability, where functional impairment only is awarded, $100,000 for an injury. The $100,000 cap contained in this subsection shall apply whether or not temporary total disability or temporary partial disability benefits were paid.

(b) The maximum compensation benefits payable as provided by subsection (a)(1) through (4) shall remain in effect until June 30, 2027. Beginning on July 1, 2027, and each July 1 thereafter, the maximum compensation benefits payable pursuant to subsection (a)(1) through (4) shall be adjusted to reflect changes in the state average weekly wage. To determine the yearly adjustment, the director shall determine the percentage of change in the state average weekly wage determined for the current year pursuant to K.S.A. 44-704, and amendments thereto, and as the percentage change in the state average weekly wage for each of the prior four years. Each year's percentage change in the state average weekly wage shall be added together. The sum shall then be divided by five to arrive at the average percentage change over the five-year period. The maximum compensation benefits payable shall then be adjusted by such average percentage change.

(c) If an employer shall voluntarily pay unearned wages to an employee in addition to any amount of disability benefits to which the employee is entitled under the workers compensation act, the excess amount paid:

(1) Shall be allowed as a credit to the employer in any final settlement; or

(2) may be withheld from the employee's wages in weekly amounts equal to the weekly amount or amounts paid in excess of compensation due. The excess amount paid may only be withheld from the employee's wages if the employee's average 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 amendments thereto.

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; L. 2011, ch. 55, § 10; L. 2024, ch. 27, § 8; July 1.

Notes of Decisions

Cited in 18 cases, 1978–2015 · leading case: Redd v. Kansas Truck Ctr., 239 P.3d 66 (Kan. 2010).

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Redd v. Kansas Truck Ctr., 239 P.3d 66 (Kan. 2010). · cites it 30× “In 1993, K.S.A. 44-510f was amended to add subsection (a)(4) as part of workers compensation reform .”

Injured Workers of Kansas v. Franklin, 942 P.2d 591 (Kan. 1997). · cites it 16× “44-510f(c) (since repealed), which provided: *868 "An employee shall not be entitled to compensation benefits for permanent total disability, temporary total disability or partial disability, under the workmen's compensation act, from and after the date when he shall be entitled…”

Brown v. Goodyear Tire & Rubber Co., 608 P.2d 1356 (Kan. 1980). · cites it 19× “: This is a workmen's compensation case involving the application of K.S.A. 1974 Supp. 44-510f( c ), since repealed.”

Brown v. Goodyear Tire & Rubber Co., 599 P.2d 1031 (Kan. Ct. App. 1979). · cites it 11× “The order was based upon K.S.A. 1974 Supp. 44-510f(c), which was repealed effective July 1, 1977.”

McIntosh v. Sedgwick Cnty., 123 P.3d 740 (Kan. Ct. App. 2005). · cites it 12× “The Act, however, limits the maximum allowable benefit for permanent total disability to $125,000 in K.S.A. 44-510f, which we will discuss later.”

Boyd v. Barton Transfer & Storage, Inc., 580 P.2d 1366 (Kan. Ct. App. 1978). · cites it 8× “203, § 16(c), since repealed and last found at K.S.A. 1976 Supp. 44-510f(c), which provided: “An employee shall not be entitled to compensation benefits for permanent total disability, temporary total disability or partial disability, under the workmen’s compensation act, from…”

McIntosh v. Sedgwick Cnty., 147 P.3d 869 (Kan. 2006). · cites it 5× “K.S.A. 44-510f(a)(3) and (4). Thus, workers compensation benefits for a permanent partial disability are limited to a certain period of time subject to the statutory cap on an employer’s liability.”

McIntosh v. Sedgwick Cnty., 91 P.3d 545 (Kan. Ct. App. 2004). · cites it 7× “One year after Baker , this court considered the companion legislation relating to social security retirement benefits, K.S.A. 1976 Supp. 44-510f(c), in Boyd v. Barton Transfer & Storage, 2 Kan.”

Dickens v. Pizza Co., 974 P.2d 601 (Kan. 1999). · cites it 7× “oyee is eligible to receive under the workers compensation act for such claim shall be reduced by the weekly equivalent amount of tire total amount of all such retirement benefits, less any portion of any such retirement benefit, other than retirement benefits under the federal…”

Ballard v. Dondlinger & Sons Constr. Co., 355 P.3d 707 (Kan. Ct. App. 2015). · cites it 7× “K.S.A. 44-510f(a)(3). Permanent total disability awards are paid based upon the formula set forth in K.”

Miller v. Johnson, 289 P.3d 1098 (Kan. 2012). “For example, the legislature has increased an employer s liability for workers compensation benefits under K.S.A. 44-510f. Cf. L. 1974, ch. 203, sec.”

Ward v. Allen Cnty. Hosp., 324 P.3d 1122 (Kan. Ct. App. 2014). · cites it 3× “By operation of K.S.A. 44-510f, the Board determined that Ward’s award would have to be reduced to the statutory maximum compensation cap of $100,000.”

Show all 18 citing cases →

— K.S.A. § 44-510f(2) — 1 case

Ward v. Allen Cnty. Hosp., 324 P.3d 1122 (Kan. Ct. App. 2014). “By operation of K.S.A. 44-510f, the Board determined that Ward’s award would have to be reduced to the statutory maximum compensation cap of $100,000.”

— K.S.A. § 44-510f(a) — 5 cases

Redd v. Kansas Truck Ctr., 239 P.3d 66 (Kan. 2010). “In 1993, K.S.A. 44-510f was amended to add subsection (a)(4) as part of workers compensation reform .”

Grounds v. Triple J Constr. Co., 606 P.2d 484 (Kan. Ct. App. 1980).

Payne v. Boeing Co., 180 P.3d 590 (Kan. Ct. App. 2008).

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

— K.S.A. § 44-510f(a)(2) — 1 case

Redd v. Kansas Truck Ctr., 239 P.3d 66 (Kan. 2010). “In 1993, K.S.A. 44-510f was amended to add subsection (a)(4) as part of workers compensation reform .”

— K.S.A. § 44-510f(a)(3) — 4 cases

Redd v. Kansas Truck Ctr., 239 P.3d 66 (Kan. 2010). “In 1993, K.S.A. 44-510f was amended to add subsection (a)(4) as part of workers compensation reform .”

Ballard v. Dondlinger & Sons Constr. Co., 355 P.3d 707 (Kan. Ct. App. 2015). “K.S.A. 44-510f(a)(3). Permanent total disability awards are paid based upon the formula set forth in K.”

McIntosh v. Sedgwick Cnty., 147 P.3d 869 (Kan. 2006). “K.S.A. 44-510f(a)(3) and (4). Thus, workers compensation benefits for a permanent partial disability are limited to a certain period of time subject to the statutory cap on an employer’s liability.”

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

— K.S.A. § 44-510f(a)(4) — 3 cases

Redd v. Kansas Truck Ctr., 239 P.3d 66 (Kan. 2010). “In 1993, K.S.A. 44-510f was amended to add subsection (a)(4) as part of workers compensation reform .”

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

— K.S.A. § 44-510f(a)(l) — 3 cases

McIntosh v. Sedgwick Cnty., 123 P.3d 740 (Kan. Ct. App. 2005). “The Act, however, limits the maximum allowable benefit for permanent total disability to $125,000 in K.S.A. 44-510f, which we will discuss later.”

Ballard v. Dondlinger & Sons Constr. Co., 355 P.3d 707 (Kan. Ct. App. 2015). “K.S.A. 44-510f(a)(3). Permanent total disability awards are paid based upon the formula set forth in K.”

— K.S.A. § 44-510f(b) — 1 case

Knelson v. Meadowlanders, Inc., 732 P.2d 808 (Kan. Ct. App. 1987).

— K.S.A. § 44-510f(c) — 8 cases

Injured Workers of Kansas v. Franklin, 942 P.2d 591 (Kan. 1997). “44-510f(c) (since repealed), which provided: *868 "An employee shall not be entitled to compensation benefits for permanent total disability, temporary total disability or partial disability, under the workmen's compensation act, from and after the date when he shall be entitled…”

Brown v. Goodyear Tire & Rubber Co., 599 P.2d 1031 (Kan. Ct. App. 1979). “The order was based upon K.S.A. 1974 Supp. 44-510f(c), which was repealed effective July 1, 1977.”

Boyd v. Barton Transfer & Storage, Inc., 580 P.2d 1366 (Kan. Ct. App. 1978). “203, § 16(c), since repealed and last found at K.S.A. 1976 Supp. 44-510f(c), which provided: “An employee shall not be entitled to compensation benefits for permanent total disability, temporary total disability or partial disability, under the workmen’s compensation act, from…”

Brown v. Goodyear Tire & Rubber Co., 608 P.2d 1356 (Kan. 1980). “: This is a workmen's compensation case involving the application of K.S.A. 1974 Supp. 44-510f( c ), since repealed.”

McIntosh v. Sedgwick Cnty., 91 P.3d 545 (Kan. Ct. App. 2004). “One year after Baker , this court considered the companion legislation relating to social security retirement benefits, K.S.A. 1976 Supp. 44-510f(c), in Boyd v. Barton Transfer & Storage, 2 Kan.”

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